A. Basis for initiation of enforcement activities. Any condition caused or permitted by a permittee that is in violation of the following requirements may serve as the basis for enforcement actions by the City or other regulatory agency.
1. Any of the provisions of this Chapter;
2. Any failure to comply with any applicable requirement of either the SUSMP or an approved stormwater mitigation plan with respect to a property;
3. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or
4. Any failure to properly operate and maintain any structural and/or treatment control BMP on a property in accordance with an approved stormwater mitigation plan or the SUSMP, may be a threat to the public health, safety and welfare, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of the violation of this Code or the terms of any related permit, by one (1) of any appropriate remedy available to the City.
a. The determination of whether the property owner or the permittee is the responsible party may be a matter between those parties.
b. For enforcement purposes, either party or both parties may be held liable.
5. The cost of such abatement and restoration shall be borne by the owner of the property or the permittee, or both, and the cost thereof shall be invoiced to the applicable-parties, as provided by law or ordinance for the recovery of abatement costs.
B. Declaration of seasonal and recurrent violations.
1. If any violation of this Chapter constitutes a seasonal and recurrent violation, the Director shall so declare.
2. The failure of any person to take appropriate annual precautions to prevent stormwater pollution, after written notice of a determination under this paragraph, shall constitute a public nuisance and a violation of this Chapter.
C. Inspections. The Director may enter and inspect any private premises during any reasonable time for the purpose of verifying compliance with the terms and conditions of this Chapter. Such inspections may include, but are not limited to the following:
1. Inspecting efficiency or adequacy of construction or post-construction BMPs;
2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;
3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;
4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant, and obtaining copies of such records as necessary;
5. Identifying points of stormwater discharge from the premises, whether surface or subsurface, and locating any illicit connection or discharge.
D. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.
E. Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this Chapter, any authorized enforcement officer has the authority to utilize the following administrative remedies:
1. Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this Chapter, the officer may issue an order to cease and desist such discharge, practice or operation likely to cause such discharge, and to direct those persons not complying to:
a. Comply with the requirement;
b. Comply with a time schedule for compliance; and
c. Take appropriate remedial or preventive action to prevent the violation from recurring.
2. Notice to clean.
a. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the municipal storm drain system or a non-stormwater discharge to the storm drain system, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide.
b. The recipient of such notice shall undertake the activities as described in the notice.
3. Permit revocation. To the extent the City makes a provision of this Chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code.
4. Citation. When an authorized enforcement officer finds that a violation has not been corrected, the officer may issue a citation.
F. Remedies.
1. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
2. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 2014-008 § 1 (part))