(A) Criminal penalties. Any person, firm, agent, corporation, or other entity who violates any of the provisions of this chapter or who fails, neglects, or refuses to comply with the provisions of this chapter, including violations of conditions and safeguards, who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, or violates a cease and desist order, shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both as defined by law. Each day that a violation exists may constitute a separate offense.
(B) Civil judicial enforcement actions.
(1) In the event of a violation or threatened violation of this chapter, the city may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct, or abate such violations or threatened violations, and the City Attorney shall have authority to commence such civil action. The city and City Attorney may take such actions as may be necessary to enforce the provisions of this chapter.
(2) To enforce this chapter, the Department or its authorized agent may enter a building, property, or a place where there is reason to suspect that a system is failing to protect groundwater or an imminent threat to public health and safety.
(C) State notification of violations. Any inspection, installation, design, construction, alteration, or repair of an SSTS by a licensed person or any pumping and disposal of septage by a licensed maintainer or hauler done in violation of the provisions of this chapter shall be cause for notification in the form of a license complaint to the Commissioner of the Minnesota Pollution Control Agency.
(D) Cease and desist orders. Cease and desist orders may be issued when the city has probable cause to believe that a condition in violation of any provision of this chapter exists or an activity regulated by this or any other city ordinance is being or has been conducted without a permit or in violation of a permit or any provision of this chapter. The cease and desist order may include, without limitation, an order to stop work. When a cease and desist order is issued, such activity or work shall cease immediately and not resume until the reasons for the order have been satisfied, any condition which violates this chapter has been corrected, any administrative fees paid, and the cease and desist order is vacated by order of the city.
(E) Notice of violation.
(1) Unresolved and either separate, recurrent, or continuing violations of this chapter by an applicant, permittee, installer, or other person as determined by inspections, re-inspections, or investigations shall constitute non-conformance or non-compliance with this chapter.
(2) The city shall serve, in person or by certified mail, a notice of violation to any person determined to be violating provisions of this chapter. The notice of violation shall contain:
(3) A statement documenting the findings of fact determined through observations, inspections, or investigations:
(a) A list of specific violation(s) of this chapter;
(b) The specific requirements for correction or removal of the specified violation(s);
(c) A mandatory time schedule for correction, removal, and compliance with this chapter; and
(d) Specific enforcement actions that will be taken if corrective action is not completed.
(F) Property owner responsibility. All costs associated with the repair, replacement, or abandonment of a failing/non-compliant SSTS shall be the responsibility of the property owner or as otherwise provided for in a written, notarized agreement between two parties.
(G) Abatement costs and reimbursements. If the city is required to remove or abate an imminent threat to public health or safety, the city may recover all costs incurred in removal or abatement, including legal fees. At the discretion of the City Commission, the cost of an enforcement action under this chapter may be assessed and charged against the real property on which the public health nuisance was located. The City Administrator shall extend the cost as assessed and charged on the tax roll against said real property.
(Ord. 1, passed 3-25-2015)