(1) Enforcement actions generally. Enforcement of this chapter shall be subject to the severity of the infraction and the responsible party’s efforts to comply as determined by the Department of Stormwater Management. The Department shall reserve the right to determine the level of enforcement on a case-by-case basis. Subject to division (A)(7) below, enforcement actions shall be initiated by the serving of a notice of violation and may include any one or more of the following:
(a) Verbal warning to the responsible party/parties to make corrections;
(b) Written warning to the responsible party/parties to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem;
(c) Warning of noncompliance with directions to the responsible party/parties that site conditions require immediate action;
(d) The performance of monitoring, analysis, and reporting;
(e) Stop work order;
(f) Suspension of access to the stormwater drainage system; and/or
(g) Civil penalties and fines.
(2) Restoration and remediation. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall further advise that, should the responsible party/parties fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the responsible party/parties.
(3) Emergency suspensions. The Department of Stormwater Management may, without prior notice, suspend access to the stormwater drainage system to a person or entity when the suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the United States. If a responsible party fails to comply with a suspension order issued in an emergency, the Department of Stormwater Management may take steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the United States, or to minimize danger to persons.
(4) Suspension of access to the stormwater drainage system due to the detection of illicit discharge. Any person or entity discharging to the agreed upon by the Board of Stormwater Management and the violator and that further the goals of the city’s approved stormwater quality management plan.
(5) Civil penalty. Any person that has violated or continues to violate this chapter shall be liable to civil penalties to the fullest extent of the law, and shall be subject to a fine of up to an amount as set by the city from time to time per violation per day. Each and every day that the violation exists shall constitute a separate offense.
(6) Fees and costs. The Department of Stormwater Management may recover all reasonable attorneys’ fees, court costs, consultant costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses to the extent permitted by law.
(7) 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 it is within the discretion of the Department of Stormwater Management to seek cumulative remedies.
(8) Authorized enforcement agencies. The Board of Stormwater Management, Water Pollution Control Maintenance Department, Division of Public Works and Department of Stormwater Management, Department of Code Enforcement and Fire Department of the city, or its subcontractors shall be the agencies authorized to enforce this chapter of the municipal code.
(9) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination to the Board of Stormwater Management.
(a) The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before the Board or its hearing officer shall take place within 30 days from the date of receipt of the notice of appeal.
(b) The decision of the Board or its hearing officer shall be final, subject to any right of a person to seek judicial review in a court of competent jurisdiction.
(B) Enforcement of other provisions of this chapter.
(1) Failure to pay a stormwater user fee when due shall constitute a violation of this chapter, which shall be enforced by the Director and deputies as the Director, with the approval of the Board, may appoint for those purposes.
(2) Any nonresidential user charged under division (B)(1) above and found to be in violation shall be subject to a find of up to an amount as set by the city from time to time per day and shall be held responsible for the amount of the outstanding bill, in lieu of a collection action and assessment of collection or deferred payment charges set out in § 54.073(B) and (C) or lien procedures under § 54.077.
(Prior Code, § 54.999) (Ord. 0-08-0005, passed 3-24-2008)