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Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm drain system, or water of the state and/or United States the person shall take all necessary steps to ensure the discovery, containment, and cleanup of the release. In the event of a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Public Works Director, City of Monticello within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. The records shall be retained for at least three years.
(Prior Code, § 7-10-13)
(A) Warning notice. When the city finds that any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, the city may serve upon that person or business a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division (A) shall limit the authority of the city staff to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(B) Notice of violation. Whenever the city finds a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. 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 the remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 30 days of service of notice of violation; and
(7) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. The notice may require without limitation:
(a) Monitoring, analyses, and reporting;
(b) Elimination of illicit connections or discharges;
(c) Abatement of pollution and hazards;
(d) Restoration of affected property;
(e) Payment of fine to cover administrative and remediation costs;
(f) Implementation of source control or treatment BMPs; and
(g) Other actions as deemed necessary by the city.
(C) Deadline for restoration. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. Notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(Prior Code, § 7-10-14) (Ord. 606, passed 12-8-2014)
Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within 14 calendar days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his or her designee shall take place within 30 calendar days from the date of receipt of the notice of appeal. The decision of the municipal authority or its designee shall be final.
(Prior Code, § 7-10-15)
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 seven calendar days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall 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, in accordance with § 10.20. 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.
(Prior Code, § 7-10-16) Penalty, see § 10.99
Within 30 calendar 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 amount of the assessment within 30 calendar days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority 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. Any person violating any of the provisions of this chapter shall become liable to the city by reason of the violation.
(Prior Code, § 7-10-17)
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 authorized enforcement agency 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.
(Prior Code, § 7-10-18) Penalty, see § 10.99
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