A. Violation: Any action, failure to act or land use practice that would impair water quality if allowed to continue, shall constitute a public nuisance condition and be treated as a misdemeanor under this code.
B. Notice Of Violation: Whenever the city finds that a person has violated any section of this chapter or failed to meet a requirement of this chapter, the city shall order compliance by written notice of violation to the responsible person. Such notice may require:
1. Monitoring, analyses and reporting;
2. Elimination of illicit discharges or connections;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Remediation of violation;
6. Payment of a fine to cover administrative and remediation costs;
7. Loss of any posted securities;
8. Implementation of source control or treatment BMPs; and
9. Other actions as deemed necessary by the city.
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. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or other local governmental unit or a contractor and the expense thereof shall be charged to the violator.
C. Failure To Maintain Practices: If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the city shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have thirty (30) days to effect maintenance and repair of the facility in an approved manner. After proper notice, the city may assess the owner(s) of the facility for the cost of repair work, and any penalties and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county. (Ord. 421, 2-3-2009; amd. Ord. 490, 2-16-2016)
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