(1) Enforcement authority. The Director of the Public Works Department (hereafter referred to as Director) or his designees shall have the authority to issue notices of violation and citations, and to impose the civil penalties to anyone that violates this chapter who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action. The director's enforcement authority includes the following sections as set forth in the City's Enforcement Response Plan (ERP).
(2) Notifications of violation.
(a) Written Notice. Whenever the Director finds that any permittee or any other person has failed to comply with these regulations or a permit or order issued hereunder, the Director or his designee may serve upon such person written notice of the violation. Within the notice of violation will be a list of failures that have led to the violation and measures required to correct the deficiencies. Such measures might include repair of existing Best Management Practices (BMPs), installation of new/additional BMPs, containment of discharged materials, cleanup of said materials, and a timetable for meeting the goals.
(b) Consent Orders. The Director or his designee is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.
(c) Show Cause Hearing. The Director may order a person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. The hearing shall be before the Public Works Director. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered mail or certified mail (return receipt requested) at least ten (10) days prior to the hearing.
(d) Compliance Order. When the Director or his designee finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and best management practices.
(e) Cease and Desist Orders. When the Director finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the Director or his designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(i) Comply forthwith; or
(ii) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (Ord. #O13-01-01, January 2013, as amended by Ord. #O24-06-18, July 2024)