(a) Notice of violation.
(1) Whenever the City Engineer finds that a person has violated a prohibition or failed to meet a requirement of this article, the City Engineer may order compliance by sending a written notice of violation to the property owner.
(2) Such notice may require, without limitation:
a. The elimination of illicit connections or discharges;
b. That violating discharges, practices or operations shall cease and desist;
c. The abatement or remediation of stormwater pollution or contamination hazards, and the restoration of any affected property;
d. The performance of monitoring, analyses and reporting; and
e. The implementation of source control or treatment BMPs.
(3) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.
a. The city may commence appropriate legal action and/or seek equitable relief, including injunctive relief, against any person who fails to abate a violation and/or restore an affected property prior to the deadline established in the notice of violation.
b. The notice of violation shall be mailed to the property owner at the last known address listed on the current tax assessment roll, or by personally serving, or by causing to be personally served, the property owner with a written notice of violation.
(b) Penalties.
(1) Any person violating the provisions of this article shall, upon conviction therefor, be fined not less than two hundred dollars ($200.00) nor more than ten thousand dollars ($10,000.00). Each day in which any such violation shall continue shall be deemed a separate offense.
(2) Any person violating any section of this article shall become liable to the city for any expense, loss or damage caused to the city by reason of such violation, including but not limited to, any cleanup, evacuation, administrative or other expenses, including legal expenses, incurred. The City Commission is hereby directed to initiate proceedings in the name of the city, in any court having jurisdiction over such matters, as are necessary to recover costs to the city caused by such violation.
(Ord. No. 1676, 2-28-05)