(A) Abatement.
(1) 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 ten days of the decision of the Board of Public Works and Safety upholding the decision of the city MS4, then representatives or designees of the said MS4 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, agent or person in possession of any premises to refuse to allow the city MS4 or designated contractor to enter upon the premises for the purposes set forth above.
(2) Within ten days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs.
(B) Lien. If the amount due is not paid within a timely manner as determined by the decision of the Board of Public Works and Safety 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. Any person violating any of the provisions of this subchapter shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
(C) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated or continues to violate the provisions of this subchapter, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(D) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this subchapter, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(E) Fines. Any person that has violated, or continues to remain uncooperative to, the terms of this subchapter shall be considered in violation thereof. Each day during which any violation of any of the provisions of this subchapter are committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $2,500 for each offense. In addition to any penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provision of this subchapter shall be required to bear the expense of restoration. The city may also recover all attorney's fees court costs and other expenses associated with enforcement of this subchapter, including sampling and monitoring expenses.
(Ord. 6472, passed 4-9-07)