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(A) Whenever it finds that a person has violated a provision of this chapter, the village may order compliance by issuing a written notice of violation to the responsible person. The notice may require one or more of the following:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of an illicit connection or discharge;
(3) That violating discharges, practices or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards, and the restoration of any affected property;
(5) The abatement and correction of any degradation of riparian habitat and aquatic life caused by the failure to design, install, operate or maintain sediment control, storm water management, or agricultural BMPs in accordance with an approved sediment control plan, storm water plan, sediment control permit, soil conservation and quality plan or plan for compliance;
(6) The reimbursement to the village in an amount sufficient to reimburse it for all reasonable administrative and remediation costs; and
(7) The implementation of source control or treatment BMPs.
(B) A violation of this chapter shall be deemed a municipal civil infraction.
(1) Any person who shall violate this chapter shall, upon conviction, be guilty of a civil infraction, punishable as set forth in the schedule of fines adopted from time to time by the Village Council.
(2) Each day that the violation exists shall be construed as a separate offense and subject to a fine for each day the infraction exists after official notification of the violation.
(C) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore the affected property within the established deadline, that work may be done by the village, with the expenses thereof charged to the violator.
(D) The village may perform reasonable and necessary abatement activities whenever it determines a violation of this chapter has occurred and it appears that the responsible party cannot or will not timely perform these activities, or when no known responsible party exists. The responsible party shall reimburse the village for all reasonable expenses this incurred.
(E) If the village desires the responsible party to reimburse it for reasonable abatement activity expenses, the village shall, within 90 days of the completion of these activities, mail to that person a notice of claim, outlining the expenses incurred, including reasonable administrative costs, and the amounts thereof. The person billed shall pay the sum in full within 30 days for receipt of claim. If the person billed desires to object to all or some of the amount sought by the village, he or she may file, within the same 30-day period, a written objection so stating. Within 30 days of receiving of the objection, the Administrator shall provide an opportunity for the objecting party to present facts or arguments supporting the objection. If the village determines that some or the entire amount originally billed is appropriate, the person shall pay the sum within 30 days of receipt of that determination. If the amount due is not timely paid, the village may cause the charges to become a special assessment against the property and shall constitute a lien on the property.
(Ord. 2013-02, passed 9-3-2013)