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(A) Notice of violation. Whenever the city finds that a person has violated a condition of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The elimination of illicit connections or discharges;
(2) That violating discharges, practices, or operations cease and desist;
(3) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(4) Payment of a fine to cover administrative and remediation costs, including any fines imposed on the;
(a) The installation, implementation, or maintenance of BMPs.
(b) The performance of monitoring, analysis, and reporting;
(B) Abatement. If abatement of a violation and/or restoration of affected property is 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 a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(Ord. 2006-20, passed 11-21-06)
(A) Any person receiving a written notice of violation may appeal the determination to the Board. The notice of appeal must be received within ten business days from the date of the notice of violation. Hearing on the appeal shall take place within 15 business days from the date of receipt of the notice of appeal. The decision of the Board or its designee shall be final.
(B) 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 upholding the decision of the city, then representatives of the city 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 government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 2006-20, passed 11-21-06)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city 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.
(Ord. 2006-20, passed 11-21-06)
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon the violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or such other activities selected by the city.
(Ord. 2006-20, passed 11-21-06)
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 chapter is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be 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.
(Ord. 2006-20, passed 11-21-06)
(A) Injunctive relief. When the city finds that a person has violated, or continues to violate, any provision of this chapter, an NPDES permit, or order issued hereunder, or any other standard or requirement, the city may petition through any court of general jurisdiction within Jefferson County, for the issuance of a temporary or permanent injunction. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the person to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person.
(B) Civil penalties. In addition to the administrative fines available herein, a person who has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other standard or requirement shall also be liable to the city for a maximum civil penalty of $2,500 per violation, per day. Penalties shall accrue for each day during the period of the violation.
(C) The city may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(D) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the person's violation, corrective actions by the person, the compliance history of the person, and any other factor as justice requires.
(E) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a person.
(Ord. 2006-20, passed 11-21-06)