(A) Enforcement authority. A duly appointed city official shall hereby be given authority and responsibility to enforce the provisions of this chapter. If the city official shall find that any of the provisions of this chapter are being violated, he or she shall notify the person or persons responsible for such violations, indicating the nature of the violation, and order the action or actions necessary to correct the violation or violations. He or she shall order the discontinuance of any illegal work being done, or shall take any other corrective action authorized by this chapter and /or applicable public law to ensure compliance with its provisions. The City Administrator shall designate a person or persons and empower them with the authority to determine violations of this chapter, issue citations and assess penalties as provided herein.
(B) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in § 52.99 or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the city official is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore property. The city official is then authorized to seek costs of the abatement as outlined in division (B)(2) below.
(1) Notice of violation.
(a) Whenever a city official 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 official may serve upon such person written notice of the violation. An explanation of the violation and a plan for the satisfactory correction and prevention there of, to include specific required actions, shall be submitted to the Stormwater Manager. 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.
(b) The notice shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
6. A statement that the determination of violation may be appealed to the Director of Public Works by filing a written notice of appeal after receipt of notice of violation.
(c) Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit discharges and illegal connections;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. Payment of costs to cover administrative and abatement costs;
6. The implementation of pollution prevention practices.
(d) Appeal of notice of violation. Any person receiving a notice of violation may appeal. Hearing on the appeal before the Director of Public Works shall take place during their regularly scheduled meetings that meet every third Monday of the month. The decision of the Director of Public Works shall be final.
(2) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal of the decision of the Director of Public Works upholding the decision of the notice of violation, then representatives of City of Easley may enter upon the subject private property and are authorized to take any and all measures necessary, and may utilize city personnel or employ qualified outside contractors capable of performing any work required, as appropriate, in order to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(3) Costs of abatement of violation. Pursuant to division (B)(1)(d) above, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment after receipt of such notice. However, if no formal protest is made and if the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on the appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the City of Easley by reason of such violation.
(4) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this section and § 52.999, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable\relief as provided by law.
(5) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and the City of Easley may seek cumulative remedies. The City of Easley may recover attorney’s fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(C) Consent orders. The City of Easley 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.
(D) Show cause hearing. The City of Easley 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) prior to the hearing.
(E) Compliance order. When the City of Easley finds that any person has violated or continues to violate this chapter or a permit or order issued there under, the city 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 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 best management practices.
(F) Cease and desist orders (stop work order). Any person who shall proceed with any work which requires a stormwater management plan hereunder without first submitting a plan and obtaining a permit, where applicable, shall have automatically placed on the subject property a stop work order, pay to City of Easley Stormwater Management Division, a fee approved by City Council under separate ordinance, and payment of any other applicable penalties, prior to lifting of the stop work order. The stop work order may allow or require correction of violations, but no other project related activities. Any person in violation of a stop work order is subject to impoundment of any and all equipment on the property, and payment of all fees, penalties and payment of impoundment charges prior to retrieving such equipment. When a City of Easley official or a duly authorized official working on behalf of the city finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the City of Easley may issue an order to cease and desist all such violations, and freeze the request for all any other permits requested, and direct those persons in noncompliance to:
(1) Comply forthwith; or
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(G) Permit suspension and revocation. A stormwater permit may be suspended or revoked if one or more of the following violations have been committed:
(1) Violations of the conditions of the drainage plan approval;
(2) Construction not in accordance with the letter or intent of the approved plans;
(3) Non-compliance with correction notice(s) or stop work order(s); or
(4) The existence of an immediate danger in a downstream area in the judgment of the City of Easley.
(Ord. 2008-06, passed 4-14-08) Penalty, see § 52.999