(A) (1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter or the Storm Water Regulations. Any person who has violated or continues to violate these provisions may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(2) In the event the violation constitutes an immediate danger to public health or public safety, the Department of Highways 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 Department of Highways is authorized to seek costs of the abatement as outlined in subsection (F) of this section.
(B) Whenever the Department of Highways finds that a violation of this chapter or the Regulations has occurred, the Public Works Director or designee may order compliance by written Notice of Violation. The Notice of Violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,
(6) A statement that the determination of violation may be appealed to the Department of Highways Storm Water Appeals Committee by filing a written notice of appeal within five days of service of notice of violation.
(C) Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges and illegal connections;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) Payment of costs to cover administrative and abatement costs; and,
(6) The implementation of pollution prevention practices.
(D) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the Department of Highways. The appeal must be received within five days from the date of the Notice of Violation. Filing of an appeal does not relieve the owner from full compliance with the remedial actions outlined in the Notice of Violation. Hearing on the appeal before the Department of Highways, Storm Water Appeals Committee shall take place within 30 days from the date of receipt of the appeal. The decision of the Storm Water Appeals Committee shall be final.
(E) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, then representatives of the Department of Highways may 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.
(F) Costs of abatement of the violation. Within ten days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within 15 days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within five days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation.
(G) Violations deemed a public nuisance. In addition to the enforcement process and penalties provided in this chapter any threat to public health, safety, welfare and environment and is declared and deemed a nuisance, may be abated by injunctive or other equitable relief as provided by law.
(H) Remedies not exclusive. The remedies listed in this chapter and the Regulations are not exclusive of any other remedies available under any applicable federal, state or local law and the city may seek cumulative remedies.
(I) The city may recover attorney's fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(Ord. passed 8-1-06) Penalty, see § 54.99