(a) The following violations shall be deemed to be a public nuisance:
(1) Any condition caused or permitted to exist in violation of this chapter;
(2) Any violations of the provisions of this chapter;
(3) Any failure to comply with a certification or verification provided by a person or the person's successor interest; or
(4) Any failure to properly operate and maintain any BMP on a property as called for in the municipal NPDES permit and as more specifically required in the city’s Storm Water Quality Management Program and which shall also be construed to be a threat to the public health and safety and may be abated or restored by any authorized enforcement officer in accordance with procedures set forth in Chapter 3.20 in this code, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.
(b) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.
(c) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city manager of his or her designee(s) shall so declare. The failure of any person to take appropriate annual precautions to prevent runoff pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter.
(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
(e) In addition to any other remedies provided in this section, any violation of this section may be enforced by a civil action brought be the city. In any such action, the city may seek, as appropriate, any or all of the following remedies.
(1) A temporary and/or permanent injunction;
(2) Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reason liable costs of preparing and bringing legal action under this subsection;
(3) Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and
(4) Compensatory damages for loss or destruction to water quality, wildlife and aquatic life.
(f) In addition to the other enforcement powers and remedies established by this chapter, the City has the authority to impose the following administrative remedies:
(1) Cease and Desist Orders. When the City finds that a discharge has taken place or is likely to take place in violation of this chapter, the City may issue an order to “cease and desist” such discharge, practice, or operation likely to cause such discharge, and direct that those persons not complying to: (1) comply with the requirements; (2) comply with a time schedule for compliance; and (3) take appropriate remedial or preventive action to prevent the violation from persisting or recurring.
(2) Notice to Clean. Whenever the City finds any material, including oil, earth, dirt, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, or waste in or upon the sidewalk abutting or adjoining any parcel of land or upon any parcel of land or grounds, which may result in the transport of pollutants or illicit discharges to the MS4, the City may give notice to the owner or occupant of the adjacent property to remove such materials. The recipient of such notice shall undertake the activities as described in the notice.
(3) Penalties. Any person who violates any provision of this chapter or fails to comply with any of the requirements of this chapter shall be guilty of a misdemeanor, which shall be punishable as provided in § 1.08.040 of this code; provided, however, that the city attorney may determine that such violation should be prosecuted as an infraction. Each and every day, or any part thereof, during which any such violation is committed, continued or allowed, shall constitute a separate offense.
(4) Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this code.
(5) Remedies. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(6) No Taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation.
(Ord. 936 § 3, 2015)