9-3-12: VIOLATIONS, ENFORCEMENT AND PENALTIES:
   A.   Violations: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement as outlined in subsection D2 of this section.
   B.   Warning Notice: When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the city may, in lieu of a notice of violation, serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
   C.   Notice Of Violation; Appeals:
      1.   Issuance And Contents:
         a.   Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:
            (1)   The name and address of the alleged violator;
            (2)   The address, when available, or a description of the building, structure or land upon which the violation is occurring, or has occurred;
            (3)   A statement specifying the nature of the violation;
            (4)   A description of the remedial measures necessary to restore 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 fourteen (14) days of service of notice of violation; and
            (7)   A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator.
         b.   Such notice may require, without limitation:
            (1)   The performance of monitoring, analyses, and reporting;
            (2)   The elimination of illicit 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 a fine to cover administrative and remediation costs; and
            (6)   The implementation of source control or treatment BMPs.
      2.   Appeal: Any person receiving a notice of violation may appeal the determination of the city. The notice of appeal must be received within seven (7) days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the municipal authority or its designee shall be final.
   D.   Abatement Of Violations; Costs:
      1.   Abatement Procedure: If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within seven (7) days of the decision of the municipal authority upholding the decision of the city, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner or agent in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth herein.
      2.   Costs:
         a.   Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid in a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
         b.   Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation. The liability shall be paid in not more than five (5) equal payments. Interest at the rate of six percent (6%) per annum shall be assessed on the balance beginning on day thirty (30) following discovery of the violation.
   E.   Suspension Of MS4 Access:
      1.   Emergency Cease And Desist Orders:
         a.   When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
            (1)   Immediately comply with all ordinance requirements; and
            (2)   Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
         b.   Any person notified of an emergency order under this subsection E1 shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the city may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The city may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this section. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the city within five (5) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
      2.   Suspension Due To Illicit Discharges In Emergency Situations: The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with the 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.
      3.   Suspension Due To Detection Of Illicit Discharge: Any person discharging to the MS4 in violation of this chapter may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this subsection without the prior approval of the city.
   F.   Civil Penalties: In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within one day, or such greater period as the city shall deem appropriate, after the city has taken one or more of the actions described in this section, the city may impose a penalty not to exceed seven hundred fifty dollars ($750.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
   G.   Criminal Prosecution: Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of seven hundred fifty dollars ($750.00) per violation per day. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
   H.   Compensatory Action: In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or similar remedial measures.
   I.   Violations A Public Nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
   J.   Remedies Not Exclusive: The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorney fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. (Ord. 2008-O-22, 8-5-2008)