(A) Enforcement authority. The city shall have the authority to issue notices of violation and citations, and to impose the civil penalties provided in this section.
(B) Notification of violation.
(1) Written notice. Whenever the city finds that any permittee or any other person discharging storm water has violated or is violating this chapter or a permit or order issued hereunder, the city may serve upon the 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 Director. 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.
(2) 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 non-compliance. The orders will include specific action to be taken by the person to correct the non- compliance 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 (5) below.
(3) Show cause hearing. The city may order any person who violates this chapter or permit or order issued thereunder, 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 the 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.
(4) Compliance order. When the Director 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, devices, be installed or procedures implemented and properly operated. Orders may also contain other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the construction of appropriate structures, installation of devices, self-monitoring and management practices.
(5) Cease and desist orders. When the city finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the Director may issue an order to cease and desist all violations and direct those persons in non-compliance to:
(a) Comply forthwith;
(b) Take appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge; and
(c) Conflicting standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual adopted by the municipality under this chapter, the strictest standard shall prevail.
(Ord. 1167, passed 4-24-2008)