(A) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter shall be subject to one or more of the enforcement actions outlined in Ch. 92 of this code, as is relevant to compliance with this chapter.
(B) In the event the violation constitutes an immediate danger to public health or public safety, the city representative is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of abatement as outlined in § 92.09 of this code.
(1) Compliance directive. In addition to any other remedy available to the city, city inspectors may issue compliance directives at the time of inspection to require the owner/operator to implement immediate actions that will correct any violation of this chapter.
(2) Notice of violation.
(a) Whenever the city finds that the owner/operator has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible party. Such notice may require without limitation:
1. The performance of monitoring, analyses and reporting;
2. The elimination of illicit connections or discharges;
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 a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
(b) If abatement of a violation or the 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 complete the remediation or restoration within the established deadline, the work may be done by the authorized enforcement agency or its designee and the expense thereof shall be charged to the violator.
(3) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or its designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.
(4) 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 ten days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency and its designees are authorized to enter upon the subject private property and are authorized to take any and all 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 agent to enter upon the premises for the purposes set forth above.
(5) Stop work order. Whenever the city determines that any activity is occurring which is not in compliance with the requirements of this chapter, the city may order such activity stopped upon service of written notice upon the owner and/or operator responsible for or conducting such activity, Such owner and/or operator shall immediately stop all activity until authorized in writing by the city to proceed. If the appropriate owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the city. It shall be unlawful for any owner and/or operator to fail to comply with a stop work order.
(6) Cost of abatement of the violation. If the authorized enforcement agency abates a violation, then within ten days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. Such notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the County Assessor. Such notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten days of the effective date of the notice. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal, and such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. In the event a protest is filed, a hearing on such protest shall be held before the appropriate authority or its designee within 15 days from the date of receipt of the written protest. If any charges are upheld upon completion of such hearing, then such charges shall become due and payable ten days after the issuance of the order upon such protest and if not timely paid, such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Such charges may also be recovered in a civil action against the owner or other person in control of the premises for which such charges were incurred, and any person violating any of the provisions of this chapter shall be liable to the city for all costs, fees, charges and expenses, including, but not limited to administrative costs and legal fees and costs, by reason of such violation.
(7) Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days after the city has taken the actions described above, the city may impose a penalty not to exceed $1,000, depending on the severity of the violation, for each day the violation remains unremedied after the receipt of the notice of violation.
(8) Criminal penalties; enforcement costs. Any person who violates any provision of this chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of up to $1,000 per violation per day and/or imprisonment for a period of time not to exceed one year. The city may recover all attorneys’ fees court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(9) Injunctive relief. The authorized enforcement agency may petition for a preliminary or permanent injunction restraining any person from undertaking any activities which would result in a violation or continued violation of this chapter and may seek mandatory injunctive relief compelling the person to perform abatement or remediation of any violation of this chapter.
(10) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter or 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, or may be subject of a civil action to abate, enjoin or otherwise compel the cessation of such nuisance, including proceedings under §§ 92.01 through 92.12 of this code with the following exceptions:
(11) Remedies not exclusive. Except as expressly provided above, the remedies in this section are cumulative, and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this chapter. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
(Prior Code, § 54.14) (Ord. 18-32, passed 9-4-2018)