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(A) Right of entry and inspection. Whenever the Director of Storm Water Management has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this section, the Director of Storm Water Management shall be permitted to enter the believed violating premises served by the MS4 at all reasonable times to inspect the same. Refusal to allow entrance to the premises for inspection or monitoring shall constitute a violation for each day after the notice of violation that his refusal continues. If the Director of Storm Water Management has been refused access to any part of the premises from which storm water is discharged and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the city may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant.
(B) Urgency abatement. The Director of Storm Water Management is authorized to require immediate abatement of any violation of this section that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Director of Storm Water Management, the city is authorized to enter into private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible part.
(C) Sampling devices and testing. During any inspection as provided herein, the Director of Storm Water Management may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. The costs of all testing may be passed on to the party, owner or operator of the premises where the illicit discharge emanates.
(Prior Code, § 92.156) (Ord. 21-2008, passed 12-22-2008)
(A) The provisions of this subchapter are supplemental and in addition to all other regulatory codes, statutes and ordinances heretofore enacted by the city, state or other legal entity or agency having jurisdiction.
(B) The provisions of this subchapter shall be deemed cumulative of the provisions and regulations contained in the code of ordinances of the city, save and except that, where the provisions of this subchapter and the sections hereunder are in conflict with the provisions elsewhere in this code, then the provisions contained herein shall prevail.
(C) Any party who violates any provision of this section or any provision of any permit issued by the city may also be in violation of the Federal Clean Water Act, being 33 U.S.C. §§ 1251 et seq. (Pub. L. 92-500, 95-217) and may be subject to the sanctions of that Act including civil and criminal penalties. Any enforcement action authorized under this section may also include written notice to the party of such potential liability.
(Prior Code, § 92.158) (Ord. 21-2008, passed 12-22-2008)
ADMINISTRATION AND ENFORCEMENT
(A) The Director of the Department of Planning and Development and his or her authorized designee shall administer and enforce this chapter.
(B) The Director shall investigate complaints of violation and report all findings and action in the official records of the Department. If the Director finds any of the provisions of this chapter are being violated, he or she shall notify, in writing, the owner or possessor of the premises of the violation. If the violation is not abated within the time prescribed by the notice, the Director shall then cause a citation to be issued through the Code Enforcement Board.
(C) Complaints of violation of the provisions of this chapter governing animals, fowls and reptiles shall be investigated by the city’s Police Department. The Police Department shall follow the same procedures for investigation and notice as prescribed for other violations under this chapter.
(Prior Code, § 92.110) (Ord. 37, passed 11-4-1991)
(A) In the event that the Code Enforcement Board finds that a nuisance does exist, then the same may be abated by causing the removal, eradication, termination or possession, or other remedy to take place so the nuisance is abated promptly.
(B) In the event the nuisance is not abated, as ordered by the Code Enforcement Board, then the Code Enforcement Board may order the city or its Code Official to take the steps necessary to abate the nuisance and assess the cost of same against the violator, including any necessary attorney’s fees, costs, or other penalties and the same may be then levied against the property and a lien for the necessary amounts to abate said nuisance shall then bear interest at the rate of 12% per annum and shall be filed in the office of the Clerk of the County Court until the nuisance and fees, costs and other amounts are fully paid.
(Prior Code, § 92.111) (Ord. 37, passed 11-4-1991)
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