A. Enforcement Provisions: This chapter may be enforced through the provisions of this code or by filing civil or criminal actions in the district court as provided by law. The city has sole discretion to decide whether to file a civil or criminal case for a violation. The city may file both, or one or the other. The possibility of an administrative remedy pursuant to this chapter shall in no way interfere with the city's right to prosecute violations of this chapter as criminal offenses. The city may use any of the remedies available under the law in both civil and criminal prosecution. If the city chooses to file both civil and criminal charges for the same violation, no civil penalties may be assessed, but all other remedies shall be available. (Ord. 1233, 11-15-2016)
B. Stop Work Order; Revocation Of Permit: In the event any person or any holder of a state stormwater permit for construction activities, Draper City land disturbance permit, Draper City building permit, or other city issued permit violates the terms of the permit, any provision of this chapter, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site or injurious to property or improvements in the neighborhood, the public works director may issue a stop work order such that no further work on the development shall be performed or approved, until otherwise authorized by the public works director.
C. Violation And Penalties: In addition to subsections A and B of this section, the city may avail itself of any of the following nonexclusive remedies to enforce the provisions of this chapter: (Ord. 1240, 12-20-2016)
1. Notice And Order: Whenever the public works director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the director may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e. Payment of a fine to cover administrative and remediation costs;
f. The implementation of source control or treatment BMPs; and
g. The immediate removal of mud, dirt, or debris left by any vehicle on a street that drains into the storm drain system.
2. Nuisance Abatement: The violation of subsection C1g of this section may also be declared and treated as a nuisance and enforced by city inspectors or code enforcement officers. Each day of violation shall constitute a separate offense.
3. Criminal Penalties: Any person knowingly, recklessly, or intentionally violating this chapter shall be deemed guilty of a class B misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. City employees in the performance of their assigned duties and responsibilities shall be exempted from any criminal penalty violation.
4. Responsibility: For the purpose of this chapter, the following persons or entities shall be considered responsible for leaving mud, dirt, or debris on a street within the city:
a. The driver of the vehicle leaving the mud, dirt, or debris; and
b. The general contractor or owner in charge of the job site from which the mud, dirt, or debris comes.
5. Other Penalties And Remedies:
a. Violators of this chapter may also be subject to prosecution, fines and penalties from the state of Utah and the United States EPA.
b. In addition to other remedies for a violation of this chapter, the city shall have the right to install and maintain appropriate erosion and sediment control measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed as required by this chapter. The city shall have the right to have such measures installed or maintained by city personnel or to hire a private contractor to perform such work and the contractor and the property owner shall be liable for any and all expenses related to performing such work plus a twenty five percent (25%) penalty charge. The city may assess the charges against the security posted by the contractor or property owner.
6. Failure To Enter Into Or Execute Maintenance Agreement:
a. Costs Incurred For Inspection And Maintenance Costs: If a property owner fails or refuses to enter into a maintenance agreement with the city, the public works director may inspect and correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition or to hire a private contractor to perform such work. The cost of any action by the public works director under this section shall be charged to the responsible party. (Ord. 1233, 11-15-2016)
b. Permit Denial For New Development: Owners of a proposed development that are to be served by a private storm drain system are required to enter into a maintenance agreement with the city. Property owners may not obtain a city land disturbance permit or building permit until the agreement is executed. (Ord. 1240, 12-20-2016)