(a) Notice of Violation.
(1) Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City authorized agent may order compliance by written notice of violation to the responsible person.
(2) Such notice may require without limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or illegal discharges;
C. To cease and desist violating discharges, practices, or operations;
D. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
E. The implementation of source control or treatment BMPs; and
F. Payment of a fine to cover administrative and remediation costs.
(b) Requirement to Remediate.
(1) Whenever the City finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the municipal separate storm system, or waters of the State, the authorized agent may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and that the affected property restored.
(2) 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 the City authorized agent or a contractor and the expense thereof shall be charged to the violator.
(c) Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties hereinbefore 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 by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.
(d) Compliance Responsibility. A violation of or failure to comply with any of the requirements of this chapter shall constitute a minor misdemeanor and shall be punished as set forth in City ordinances. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 5972. Passed 2-20-07.)
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