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   1470.04   DISCLAIMER OF LIABILITY.
   Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this chapter are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 2008-O-07. Passed 5-13-08.)
   1470.05   CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (a)   Where this chapter is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City of Mentor-on-the-Lake, shall prevail.
   (b)   If any clause, section, or provision of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
   (c)   This chapter shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.
   (d)   Failure of the City of Mentor-on-the-Lake to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Mentor-on-the-Lake, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 2008-O-07. Passed 5-13-08.)
   1470.06   RESPONSIBILITY FOR ADMINISTRATION.
   The City of Mentor-on-the-Lake shall administer, implement, and enforce the provisions of this regulation. The City of Mentor-on-the-Lake may contract with the Stormwater Management Department and/or the Lake County Board of Health to conduct inspections and monitoring and to assist with enforcement actions and to assist with the administration, implementation, and enforcement of the provisions of this regulation.
(Ord. 2008-O-07. Passed 5-13-08; Ord. 2019-O-01. Passed 1-22-19.)
   1470.07   DISCHARGE AND CONNECTION PROHIBITIONS.
   (a)   Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
      (1)   Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water, discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water, and discharges or flows from fire fighting activities. These discharges are exempt until such time as they are determined by the City of Mentor-on-the-Lake to be significant contributors of pollutants to the MS4.
      (2)   Discharges specified in writing by the City of Mentor-on-the-Lake as being necessary to protect public health and safety.
      (3)   Discharges from off-lot discharging home sewage treatment systems permitted by the Lake County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Lake County Board of Health regulations, until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for Household Sewage Treatment Systems existing prior to January 1, 2007.
            These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Lake County Board of Health. Discharges from new or replacement off-lot household sewage treatment systems installed after January 1, 2007 are not exempt from the requirements of this regulation. In compliance with the Lake County Stormwater Management Program, discharges from all off-lot discharging home sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available, discharges from off-lot discharging home sewage treatment systems will no longer be exempt from the requirements of the regulation.
   (b)   Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.
      (1)   This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
      (2)   A person is considered to be in violation of this chapter if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
(Ord. 2008-O-07. Passed 5-13-08 ; Ord. 2019-O-01. Passed 1-22-19.)
   1470.08   MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
   (a)   Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City of Mentor-on-the-Lake and the Lake County Stormwater Management Department shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the S4, including MS4 outfalls and home sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
   (b)   Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
      (1)   The City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
      (2)   The City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the City of Mentor-on-the-Lake.
      (3)   The City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the City of Mentor-on-the-Lake to ensure their accuracy.
      (4)   Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department; and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
      (5)   Unreasonable delays in allowing the City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
      (6)   If the City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department is refused access to any part of the facility from which storm water is discharged, and the City of Mentor-on-the-Lake and/or the Lake County Stormwater Management Department demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the public health, safety, and welfare, the City of Mentor-on-the-Lake may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(Ord. 2008-O-07. Passed 5-13-08; Ord. 2019-O-01. Passed 1-22-19.)
   1470.09   ENFORCEMENT.
   (a)   Notice of Violation. When the City of Mentor-on-the-Lake finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Mentor-on-the-Lake may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by certified mail return receipt signed by any person or by a commercial carrier service utilizing any form of delivery requiring a signed receipt as is described in the Ohio Rules of Civil Procedure Rule 4.1(A), to the owner/operator of the facility. Such notice may require the following actions:
      (1)   The performance of monitoring, analyses, and reporting;
      (2)   The elimination of illicit discharges or illegal connections;
      (3)   That violating discharges, practices, or operations cease and desist;
      (4)   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
      (5)   The implementation of source control or treatment BMPs.
   (b)   If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
   (c)   Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
   (d)   Administrative Hearing. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the City of Mentor-on-the-Lake shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent by certified mail. Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Mentor-on-the-Lake, Ohio in relation to this chapter may appeal to the City Board of Zoning Appeals and then if not satisfied may appeal to the Court of Common Pleas. Such an appeal shall be made in conformity with Ohio Revised Code. Written notice of appeal shall be served on the City of Mentor-on-the-Lake, Ohio.
   (e)   Injunctive Relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this chapter pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this chapter, the City of Mentor-on-the-Lake may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 2008-O-07. Passed 5-13-08; Ord. 2019-O-01. Passed 1-22-19.)
   1470.10   REMEDIES NOT EXCLUSIVE.
   The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the City of Mentor-on-the-Lake to seek cumulative remedies.
(Ord. 2008-O-07. Passed 5-13-08.)
   1470.99   PENALTY.
   (a)   Any person, firm, entity or corporation; including but not limited to, the owner of the property, his or her agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
   (b)   The imposition of any other penalties provided herein shall not preclude the City of Mentor-on-the-Lake, Ohio instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Mentor-on-the-Lake, Ohio.
(Ord. 2008-O-07. Passed 5-13-08.)