(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 may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or discharges;
C. That violating discharges, practices, or operations shall cease and desist;
D. The abatement or remediation of illicit discharge or contamination hazards and the restoration of any affected property; and
E. Payment of a fine to cover administrative and remediation costs; and
F. The implementation of control measures required by the City.
(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 accomplished by the City or a contractor and the expense thereof shall be charged to the violator.
(b) Appeal of violation. Any person receiving a notice of violation may appeal the determination of the City. The notice of appeal must be received within ten working days from the date of the Notice of Violation. Hearing on the appeal before the City or their designee shall take place within 15 working days from the date of receipt of the notice of appeal. The decision of the City shall be final.
(c) Abatement.
(1) 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 working days of the decision upholding the decision of the City, then representatives of the City shall enter upon the subject premises 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 City to enter upon the premises for the purposes set forth above.
(2) Within ten working days after abatement of the violation, the owner of the premises will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid within a timely manner as determined by the decision of the City or by the expiration of the time in which to file an 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.
(3) Any person violating any of the provisions of this chapter shall become liable to the City by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of the federal prime rate compounded daily shall be assessed on the balance beginning on the first day following discovery of the violation.
(d) Civil remedies.
(1) 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.
(2) In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City may impose upon a violator alternative compensatory actions, such as storm drain labeling, attendance at compliance workshops, creek cleanup, and the like.
(e) Criminal prosecution. Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to criminal penalties established by the City. Any person, firm or other entity that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty within the City of Middletown of five hundred dollars ($500.00) per violation per day and/or imprisonment for a period of time not to exceed five days.
(f) 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 within the discretion of the City to seek cumulative remedies.
(Ord. O2008-29, passed 4-1-2008)