§ 53.199 PENALTY.
   (A)   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 authorized enforcement agency may petition the courts 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.
   (B)   Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this subchapter, the authorized enforcement agency may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
   (C)   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 deemed a nuisance, and may be summarily abated or restored at the violator’s expenses, and/or civil action to abate, enjoin, or otherwise compel the cessation of the nuisance may be taken.
   (D)   Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
(Ord. 2005-02, passed 1-24-05; Am. Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)
Cross-reference:
   Nuisances, see Ch. 96