(A) Notice of violation.
(1) Whenever the county finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. 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 stormwater 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.
(2) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the county or a contractor and the expense thereof shall be charged to the violator.
(B) Appeal of notice of violation. Any person receiving a Notice of Violation may appeal the determination of the county. The notice of appeal must be received within ten days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the county shall be final.
(C) Enforcement measures after appeal. 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 30 days of the decision of the county, then representatives of the county 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 county or its designated contractor to enter upon the premises for the purposes set forth above.
(D) Cost of abatement of the violation. Within 15 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 ten days. If the amount due is not paid within a timely manner as determined by the decision of the county 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, as well as any costs and fees incurred.
(E) 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 county 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.
(F) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this subchapter, the county may impose upon a violator, alternative compensatory actions such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
(G) Violations deemed 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 subchapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and maybe 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.
(H) Civil penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this subchapter shall be punished by a fine of not more than $2,500 for each violation. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(I) Remedies not exclusive. The remedies listed in this subchapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the County or designee to seek cumulative remedies.
(Ord. 2007-06, passed 4-17-07)