(A) Failure to maintain practices.
(1) If a responsible party fails or refuses to meet the requirements of the maintenance agreements, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. The city will notify the party responsible for maintenance for the stormwater management facility in writing of any violation of design standard or maintenance needs detected by the city. Upon receipt of that notice, the responsible person shall have 15 days to effect maintenance and repair of the facility in an approved manner. If the responsible person fails to effect maintenance or required repair, after proper notice, the city may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the city.
(2) In the event that the stormwater management facility becomes a danger to public safety or public health, the city shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the city shall be assessed against the owner/developer/applicant(s).
(B) Violations. Any development activity that is commenced or is conducted contrary to this chapter, may be restrained by injunction or otherwise abated in a manner provided by law.
(C) Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(1) The name and address of the owner or applicant;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of service of notice of violation.
(D) Stop work orders. Persons receiving a notice of violation will be required to halt all construction activities. This “stop work order” will be in effect until the city confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measure authorized in this chapter.
(E) Restoration of lands. Any violator may be required to restore land to its undistributed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(F) Holds on occupation permits. Certificate of occupancy may not be issued until corrections to all of the stormwater management practices have been made and accepted by the city.
(Ord. 2728, passed 12-13-2010) Penalty, see § 159.99