(A) Right of entry. The city may perform inspections on the property to verify compliance with this chapter and is authorized to enter the property at reasonable times to inspect. If the city deems structural BMPs are ineffective or maintained improperly, the city may take enforcement action as described below. Whenever the city has cause to believe there exists, or potentially exists in or upon the property, any condition which constitutes a violation of this chapter the city is authorized to enter the property at reasonable times to perform the duties imposed by the chapter. If entry is refused, the city shall have recourse to the remedies provided by law to secure entry.
(B) Unlawful acts. It shall be unlawful for any person to:
(1) Not maintain the structural BMPs per the maintenance agreement;
(2) Not correct violations noted by the city;
(3) Prevent or obstruct the city from entering the property with a structural BMP per this chapter;
(4) Not construct BMPs per the direction of this chapter;
(5) Discharge pollutants or effluents not permitted by the NPDES permit;
(6) Falsify records; or
(7) Violate any provision of this section.
(C) Written warning.
(1) Whenever the city finds that any owner has violated or is violating this section or any prohibition, limitation or requirement contained herein, the city shall send the owner a written warning.
(2) Upon notice by the city, the owner shall correct the violation.
(3) The property owner shall make required repairs within a reasonable period or 30 days.
(4) The written warning shall contain:
(a) The name and address of the owner;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring site into compliance with this chapter;
(e) A time schedule for the completion of such remedial action;
(f) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(g) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of service of notice of violation.
(5) If satisfactory corrections are not made by the owner within the time allotted from the written warning, the city will issue a citation to the owner of the property. Six calendar days after issuing a citation, the city may issue a notice of intent to the landowner stating the city’s intent to perform work necessary to comply with this section. The city may go on the land and commence work after 14 days from issuing the notice of intent. The costs incurred by the city to perform this work shall be paid by the property owner. The cost, plus interest at the rate authorized by the city, plus a reasonable administrative and attorney’s fees and any lawful penalties, shall be billed to the property owner. Failure to reimburse the city within 30 days of billing will result in a lien being placed on the property.
(6) A fee for BMP inspection may be assessed to an owner for a structural BMP which is not owner inspected, owner maintained or where the owner has not maintained written records of inspection of the BMPs on the property.
(D) Compliance with the provisions of this section may also be enforced by injunction.
(E) The city is authorized to require immediate abatement of any violation of this section that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by the city, plus a reasonable administrative and attorneys fee shall be billed to the property owner. Failure to reimburse the city within 30 days of billing will result in a lien being placed on the property.
(F) For the purpose of this section, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(Ord. 2014-006, passed 10-13-14) Penalty, see § 156.999