(A) Enforcement authority. The city shall have the authority to issue notices of violation and citations, and to impose 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 by the city. The city's enforcement authority includes (as set forth in the city's Enforcement Response Plan (ERP):
(1) Verbal warnings. At a minimum, verbal warnings must specify the nature of the violation and required corrective action.
(2) Written notices. Written notices must stipulate the nature of the violation and the required corrective action, with deadlines for taking such action.
(3) Citations with administrative penalties. The city has the authority to assess monetary penalties, which may include civil and administrative penalties.
(4) Stop work orders. Stop work orders that require construction activities to be halted, except for those activities directed at cleaning up, abating discharge, and installing appropriate control measures.
(5) Withholding of plan approvals or other authorizations. Where a facility is in noncompliance, the city's own approval process affecting the facility's ability to discharge to the MS4 can be used to abate the violation.
(6) Additional measures. The city may also use other escalated measures provided under local legal authorities. The city may perform work necessary to improve erosion control measures and collect the funds from the responsible party in an appropriate manner, such as collecting against the project's bond or directly billing the responsible party to pay for work and materials.
(B) Notification of violation.
(1) Verbal warning. Verbal warning may be given at the discretion of the inspector when it appears the condition can be corrected by the violator within a reasonable time, which time shall be approved by the inspector.
(2) Written notice. Whenever the city finds that any permittee or any other person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the city may serve upon such person written notice of the violation. Within ten days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(3) Consent orders. The city 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 divisions (B)(4) and (B)(5) below.
(4) Show cause hearing. The city may order any person who violates this chapter or permit, or order issued hereunder, to show cause why a proposed enforcement action should not be taken. 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, and 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 or certified mail (return receipt requested) at least ten days prior to the hearing.
(5) Compliance order. When the city finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he or she may issue an order to the violator directing that, following a specific time period, adequate structures or devices be installed and/or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
(6) Cease and desist and stop work orders. When the city finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the city may issue a stop work order or an order to cease and desist all such violations and direct those persons in noncompliance to:
(a) Comply forthwith; or
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation; including halting operations except for terminating the discharge and installing appropriate control measures.
(7) Suspension, revocation or modification of permit. The city may suspend, revoke or modify the permit authorizing the land development project or any other project of the applicant or other responsible person within the city. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the city may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(8) Conflicting standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual(s) adopted by the city under this chapter, the strictest standard shall prevail.
(Ord. 7122, passed 8-13-2024)