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(A) Compliance by elimination of illicit discharge.
(1) The Director of Storm Water Management may require by written notice of violation that the person, property owner, occupant, tenant, lessor, lessee or entity (hereinafter referred to as “party”) responsible for an illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(2) The elimination of an illicit discharge within seven days after receipt of Notice of Violation from the Enforcement Agency shall be considered compliance with the provisions of this section and no further action shall be taken.
(B) Monitor and analyze. The Director of Storm Water Management may require by written notice that any party engaged in any activity and/or owning or operating any property or facility which has been determined to contribute to storm water pollution, illicit discharges, and/or non-storm water discharges to the MS4 to undertake at said party’s expense such monitoring and analyses and furnish such reports to the Director of Storm Water Management and/or Enforcement Agency as deemed necessary to determine compliance with this section.
(C) Notification of spills. Notwithstanding other requirements of local, state and federal law, as soon as any party responsible for a property, facility or operation, or responsible for emergency response for a property, facility or operation, has information of any known or suspected release of pollutants or hazardous materials which are resulting or may result in illegal discharges to the MS4, said party shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said party shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials to the MS4, said party shall notify the Director of Storm Water Management and/or Enforcement Agency in person, by phone, or facsimile immediately, but no later than 2:00 p.m. of the next business day. Notification shall be confined by written notice addressed and mailed to the Director of Storm Water Management within three business days of the original notice.
(Prior Code, § 92.155) (Ord. 21-2008, passed 12-22-2008)
(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)
(A) The provisions of termination of utilities set out in division (B) below may be enforced by the District Court. The District Court may maintain control over a continuing nuisance.
(B) In the event a nuisance is found to exist against the owner, possessor or other violator, then the utilities of the owner or possessor of the property may be terminated by court order.
(Prior Code, § 92.112) (Ord. 37, passed 11-4-1991)
The Director of the Department of Planning and Development shall make records of all official actions relating to the administration and enforcement of the provisions of this chapter available to the public, including, but not limited to, written records of all complaints and actions taken with regard thereto, all violations discovered with actions taken thereto and the final disposition of such matters.
(Prior Code, § 92.113) (Ord. 37, passed 11-4-1991)
Any decision of the Code Official of the city in the enforcement of the provisions of this chapter may be appealed to the city’s Code Enforcement Appeals Board by filing a written notice in the proper form with the Code Official at his or her office. The written appeal shall be filed within seven days of the decision, action or determination made by the Code Official from which the appeal is sought.
(Prior Code, § 92.114) (Ord. 37, passed 11-4-1991)
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