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(A) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter shall be subject to one or more of the enforcement actions outlined in this section. Any violation or threatened violation may be restrained by injunction or otherwise abated in a manner provided by law.
(B) In the event the violation constitutes an immediate danger to public health or public safety, the City or its appointed agent 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 City or its appointed agent is authorized to seek costs of abatement as outlined in division (E) below.
(1) Compliance directive. In addition to any other remedy available to the City, inspectors may issue compliance directives at the time of inspection to require a person to implement actions that will correct any violation of this chapter.
(2) Notice of violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City 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 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.
(3) Deadline. If abatement of a violation or the restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to complete the remediation or restoration within the established deadline, the work may be done by the City or its designee and the expense thereof shall be charged to the violator.
(C) Appeal of notice of violation. Any person receiving a Notice of Violation may appeal the determination of the City. The notice of appeal must be received within ten days from the date of the Notice of Violation. Hearing on the appeal before the Board of Public Works and Safety or its designee shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the Board or its designee shall be final.
(D) 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 ten days of the decision of the Board or its designee, then representatives of the City and its designees are authorized to enter upon the subject property and are authorized to take any and all measures necessary to abate the violation and restore the affected property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the representatives or designees of the City to enter upon the premises for the purposes set forth above.
(E) Cost of abatement of the violation. If the City abates a violation, then within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. Such notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the Township Assessor or his or her successor. Such notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten days of the effective date of the notice. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which shall be after the expiration of the time in which to file an appeal, and the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. In the event a protest is filed, a hearing on such protest shall be held before the Board or its designee within 30 days from the date of receipt of the written protest. If any charges are upheld upon completion of the hearing, then the charges shall become due and payable ten days after the issuance of the order upon such protest and, if not timely paid, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The charges also may be recovered in a civil action against the owner or other person in control of the premises for which the charges were incurred, and any person violating any of the provisions of this chapter shall be liable to the City for all costs, fees, charges and expenses, including but not limited to administrative costs and legal fees and costs, by reason of the violation.
(F) 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 ten days, or such greater period as the City shall deem appropriate, after the City has taken one or more of the actions described above, the City may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after the receipt of the notice of violation.
(G) Criminal penalties; enforcement costs.
(1) Any person who violates any provision of this chapter shall be subject to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $1,000 per violation per day.
(2) The City may recover all attorney’s fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(H) Injunctive relief. The City may petition for a preliminary or permanent injunction restraining any person from undertaking any activities which would result in a violation or continued violation of this chapter and may seek mandatory injunctive relief compelling the person to perform abatement or remediation of any violation of this chapter.
(I) Compensatory action. In lieu of enforcement proceedings, penalties and remedies authorized by this chapter, the City at its option may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or other projects or services.
(J) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety and welfare is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense or may be the subject of a civil action to abate, enjoin or otherwise compel the cessation of such nuisance.
(K) Remedies not exclusive. Except as expressly provided above, the remedies in this section are cumulative, and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this chapter. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the City to seek cumulative remedies.
(Ord. 5, 2008, passed 5-5-2008)