(a) The city may, without prior notice, suspend water service, sanitary sewer service and/or MS4 discharge access to a person discharging to the MS4, waters of the United States or POTW when such suspension is necessary to stop an actual or threatened discharge which:
(1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) Presents or may present imminent and substantial danger to the MS4 or waters of the United States.
(b) When the director determines that city-provided water and/or sanitary sewer service needs to be suspended pursuant to subsection (a) above, the director shall request the director of the department of water to do so.
(c) As soon as is practicable after the suspension of service or MS4 discharge access, the director shall notify the violator of the suspension in person or by certified mail, return receipt requested and shall order the violator to cease the discharge immediately. When time permits, the director should also attempt to notify the violator prior to suspending service or access.
(d) If the violator fails to comply with an order issued under subsection (c) above, the director may take such steps as the director deems necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
(e) The city shall not reinstate suspended services or MS4 access to the violator until:
(1) The violator presents proof, satisfactory to the director, that the noncomplying discharge has been eliminated and its cause determined and corrected;
(2) The violator pays the city for all costs the city incurred in responding to abating, and remediating the discharge or threatened discharge; and
(3) The violator pays the city for all costs the city will incur in reinstating service or access.
(f) A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the director, in writing, within ten days of notice of the suspension in accordance with § 12.5-119 of this chapter.
(g) The city may obtain a lien against the property to recover its response costs pursuant to the procedure set out in § 12.5-120 of this chapter.
(h) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
(Ord. 12274, § 1, passed 11-28-1995)