A. Whenever the department finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the department may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illegal connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. Payment of restitution for remediation costs;
6. The implementation of source control or treatment BMPs; and
7. The cessation of any construction or postconstruction work not permitted according to this chapter.
B. If abatement of a violation or restoration of affected property is required, the notice will set forth a deadline within which such remediation or restoration must be completed. Said notice will further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the city and the expense thereof may be levied against the real property of the violator.
C. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, then the department may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation or restore the property. The total cost thereof may be assessed against the real property of the violator in the same manner as a property tax. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the department or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 3120, 12-21-2009)