(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.999 of this code of ordinances.
(2) Emergency cease and desist orders. When the city finds that any person has violated, or continues to violate any provision of §§ 157.001 through 157.010 of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened illicit discharge to the MS4 or waters of the state, which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it to immediately cease and desist all such violations.
(3) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if the termination would abate or reduce an illicit discharge. The suspension may also be imposed if it is necessary to stop an actual or threatened illicit discharge that presents or may present imminent and substantial danger.
(4) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in §§ 157.001 through 157.010 of this chapter, any condition caused or permitted to exist in violation of any of the provision of §§ 157.001 through 157.010 of this chapter is a threat to public health, safety and welfare, and is declared and deemed a public nuisance, and may be summarily abated or restored at the violator’s expense; and/or a civil action to abate, enjoin or otherwise compel the cessation of the nuisance may be taken by the city.
(5) Assessments. All costs and expenses, including attorney and consultant fees, incurred by the city in abating any public nuisance under §§ 157.001 through 157.010 of this chapter may be assessed against the premises at which the violation exists as a special assessment or a charge under state statutes, municipal code or City Charter.
(Prior Code, § 912.11)
(C) The remedies listed in §§ 157.001 through 157.010 of 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. The city may recover all attorneys’ fees, court costs and other expenses associated with enforcement of §§ 157.001 through 157.010 of this chapter, including sampling and monitoring expenses.
(Prior Code, § 912.12)