§ 53.17 NOTICE OF VIOLATION.

   Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Engineer may order compliance by written notice of violation to the responsible person. Such notice shall be sent via regular U.S. mail or via hand delivery to the owner of the property.

   (A)   The notice shall include:

      (1)   The name and address of the alleged violator;

      (2)   The address when available or a description of the building, structure or land upon which the violation is occurring or has occurred;

      (3)   A statement specifying the nature of the violation;

      (4)   A description of the remedial action;

      (5)   A statement of the penalty or penalties that shall or may be assessed against the person or persons to whom the notice of violation is direct; and

      (6)   A statement that the determination of violation may be appealed to the City Administrator by filing a written notice of appeal within 30 days of service of notice of violation.

   (B)   In the event of a violation, the city may require:

      (1)   The performance of monitoring, analyses and reporting;

      (2)   The elimination of illicit discharges and illegal connections;

      (3)   That violating discharges, practices or operations shall cease and desist;

      (4)   The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

      (5)   Payment of costs to cover administrative and abatement costs;

      (6)   The implementation of pollution prevention practices; and

      (7)   Such other action as may be reasonably necessary to accomplish the purposes of this chapter.

   (C)   If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the Director of Public Works and the expense thereof shall be charged to the violator pursuant to this chapter.

(Prior Code, § 53.18) (Ord. 18-31, passed 9-4-2018)

§ 53.18 APPEAL OF NOTICE OF VIOLATION.

   (A)   (1)   Any person receiving a notice of violation may appeal the determination of the city. The notice of appeal shall be in writing and shall be delivered to the City Clerk within 30 days from the date of the notice of violation.

      (2)   Hearing on the appeal before the City Administrator shall take place within 15 days from the date of receipt of the notice of appeal.

   (B)   The pendency of an appeal shall not relieve the responsible person from complying with the requirements of the notice of violation, unless the City Engineer otherwise consents in writing.

(Prior Code, § 53.19) (Ord. 18-31, passed 9-4-2018)

§ 53.19 ENFORCEMENT MEASURES AFTER APPEAL.

   If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days of the decision of the City Administrator, then representatives of the city may enter upon the subject private property and are authorized to take any measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated city contractor to enter upon the premises for the purposes set forth above.

(Prior Code, § 53.20) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99

§ 53.20 COST OF ABATEMENT OF THE VIOLATION.

   Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the City Clerk objecting to the assessment or to the amount of the assessment within 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice or if an appeal is taken within 30 days after a decision on said appeal, the assessment may be collected pursuant to law.

(Prior Code, § 53.21) (Ord. 18-31, passed 9-4-2018)

§ 53.21 INJUNCTIVE RELIEF.

   It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of the chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation.

(Prior Code, § 53.22) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99

§ 53.22 ALTERNATIVE ACTIONS UPON VIOLATION.

   In lieu of enforcement proceedings, penalties and remedies authorized by this chapter, the city may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, waterway cleanup or other community service work.

(Prior Code, § 53.23) (Ord. 18-31, passed 9-4-2018)

§ 53.23 VIOLATIONS DEEMED A PUBLIC NUISANCE.

   In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of the chapter is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city.

(Prior Code, § 53.24) (Ord. 18-31, passed 9-4-2018)