(A) Any violation of this chapter is subject to the penalty of § 34.043 of this code of ordinances. The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement Board, enacted on 4-30-2003 by Ord. 09-2003.
(Prior Code, § 92.999)
(B) Any of the following enforcement remedies and penalties, to be applied independently or in a sequence as deemed necessary, shall be available to the city in response to violations of this section.
(1) Notice of violation.
(b) Failure to remedy the violation within seven days of receipt of the notice of violation shall result in a citation for a civil offense. Each day such violation continues after receipt of a citation shall be considered a separate offense. The civil administrative fine for each citation (violation) of §§ 92.115 through 92.122 of this chapter shall be not less than $100, and not more than $500. The civil fine shall be paid directly to the city. If the fine is not paid within 30 days from the date of notification, then the city may recover said fine in a civil action in the court of proper jurisdiction. The party cited may appeal the citation and request a hearing before the Code Enforcement Board prescribed in Ch. 34 of this code of ordinances.
(2) Legal proceedings; notification of state’s Division of Water. The Director of Storm Water Management or designated agent may pursue appropriate legal proceedings for the enforcement of §§ 92.115 through 92.122 of this chapter, and the city shall be entitled to recover its costs expended and reasonable attorney’s fees in such proceedings. If a person, property or facility has or is required to have a storm water discharge permit from KYDOW, the city shall notify the appropriate state authorities of the violation.
(3) Revocation of permit, improvement or development plans. Permits, improvement plans or development plan approvals may be revoked for any substantial departure from the approved plans thereby resulting in an illicit discharge, as defined herein.
(4) Stop work orders. For violations involving active construction sites, the Director of Storm Water Management may issue a stop work order and require that all activities cease, except those actions that are necessary to eliminate the illicit discharge.
(5) Suspension of MS4 access due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the MS4 or to waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4, or waters of the United States or to minimize danger to persons.
(6) Suspension of MS4 access due to the detection of illicit discharge. Any entity discharging to the MS4 or any conveyance in violation of §§ 92.115 through 92.122 of this chapter may have its MS4 access terminated in such termination would abate or reduce an illicit discharge. The city shall require the violator to disconnect access to the MS4 at his or her cost or take corrective action to eliminate the source of the illicit discharge. Reinstatement of MS4 access to premises terminated pursuant to §§ 92.115 through 92.122 of this chapter without the prior approval of the city constitutes a violation.
(7) Cost of abatement of a violation. Any person causing a violation of §§ 92.115 through 92.122 of this chapter which requires the city to expend public funds for the response to the violation, its abatement or the cleanup or removal of any prohibited discharges, pollutants or hazardous materials shall be liable to the city for all recoverable fees and costs incurred by the city for such response, cleanup and removal. This shall include, but not limited to, personnel costs of any city departments, replacement costs of supplies and equipment contaminated as a result of the discharge, proper disposal of contaminated materials, cleanup, evacuation and administrative and other expenses, including legal expenses, incurred in recovering such costs. Any such illegal discharges shall be considered a public health hazard and the city shall have a lien against the property for its recoverable costs if these costs are not paid within 90 days of invoice.
(Prior Code, § 92.157)
(Ord. 13-2003, passed 6-16-2003; Ord. 21-2008, passed 12-22-2008)