(a) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, 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.
(2) In the event the violation constitutes an immediate danger to public health or public safety, the Director 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 Director is authorized to seek costs of the abatement as outlined in Section 921.21
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(b) Warning Notice. When the Director finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the Director may 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 Director to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice.
(c) Notice of Violation.
(1) Whenever the Director finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Director may order compliance by written notice of violation to the responsible person.
(2) The Notice of Violation shall contain:
A. The name and address of the alleged violator;
B. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
C. A statement specifying the nature of the violation;
D. A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action;
E. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
F. A statement that the determination of violation may be appealed to the Director by filing a written notice of appeal within thirty (30) days of service of notice of violation; and
(3) 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. Such notice may require without limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or discharges;
C. That violating discharges, practices, or operations shall cease and desist;
D. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property
E. Payment of a fine to cover administrative and remediation costs; and
F. The implementation of source control or treatment BMPs/SCMs.
(d) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this ordinance, the Director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(e) 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 five (5) days, or such greater period as the Director shall deem appropriate, after the Director has taken one or more of the actions described above, the Director may impose a penalty not to exceed one thousand dollars ($1,000) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
(f) Criminal Prosecution. Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of one thousand dollars ($1,000) per violation per day and/or imprisonment for a period of time not to exceed 180 days. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(Ord. 2017-17. Passed 3-15-17.)