(A) Sanctions for violation.
(1) Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to a fine, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in division (A)(2) below shall be a misdemeanor. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender for compliance with the requirements of this chapter. For purposes of this section, “subsequent offense” means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible. The city designated enforcement officer is authorized to issue municipal civil infraction citations for a violation of any provision of this chapter.
(2) Any person who neglects or fails to comply with a stop work order issued under division (B) below shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of no more than $500 or imprisonment for no more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs of prosecution and other charges as may be imposed in the discretion of the court.
(3) Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
(B) Stop work order. Where there is work in progress that causes or constitutes in whole or in part, a violation of any provision of this chapter, the city is authorized to issue a stop work order to prevent further or continuing violations or adverse effects. All persons to whom a stop work order is directed, or who are involved in any way with the work or matter described in a stop work order shall fully and promptly comply therewith.
(C) Failure to comply; completion. In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the city may, after giving reasonable notice and an opportunity for compliance, have the necessary work done, and the owner shall be obligated to promptly reimburse the city for all costs of such work. Without limiting the foregoing, a failure to comply or otherwise bring property into compliance with this chapter is deemed a public nuisance and shall be subject to abatement.
(D) Emergency measures. When emergency measures are necessary to protect public safety, health and welfare, and/or to prevent loss of life, injury, or damage to property, the city is authorized to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this chapter and shall promptly reimburse the city for all such costs.
(E) Cost recovery for damage to storm drain system. A discharger shall be liable for all costs incurred by the city as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the EPA or MEDQ for violation of a NPDES permit, attorney fees, and other costs and expenses.
(F) Collection of costs; lien. To the extent permitted by law, service charge incurred by the city and/or the County Drain Commissioner in any manner authorized by law including, but not limited to, all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended. When applicable, said costs shall be a lien on the premises which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time or as otherwise authorized by law with any such charges which are delinquent for six months or more may be certified annually to the City Treasurer who shall enter the lien on the next tax roll against the premises and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien of taxes.
(G) Appeals. Any person as to whom any provision of this chapter has been applied may appeal in writing, no later than 30 days after the action or decision being appealed from, to the City Manager or his/her designee the action or decision whereby any such provision was so applied. Such appeal shall identify the manner being appealed, and the basis for the appeal. The City Manager or his/her designee shall consider the appeal and may affirm, reject, or modify the action being appealed based on the standards set forth in this chapter. The City Manager or his/her designee may impose reasonable conditions on an affirmative decision in an appeal. City Manager or his/her designee shall make its decision in writing and shall furnish a copy of the decision to the person making the appeal. In considering any such appeal, the City Manager or his/her designee may consider the recommendations of the city engineer and the comments of other persons having knowledge of the matter.
(H) Suspension of MS4 access.
(1) The city may, without prior notice, suspend a person's discharge access to the MS4 when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of person or the MS4. If the person fails to comply with a suspension order issued herein, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or the environment, or to minimize danger to persons. A person failing to comply with a suspension order pursuant to this section shall be liable for all cost incurred by the city as the result of such failure to comply and a violation shall constitute a public nuisance.
(2) Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4. A person violates this chapter if the person reinstates MS4 access to a premise terminated pursuant to this section, without the prior approval of the city.
(Prior Code, § 2.185) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)