(A) The county shall institute appropriate actions or proceedings by law or equity for the enforcement of this chapter within the areas of jurisdiction previously described. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief.
(B) Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the county from taking any other lawful action as necessary to prevent or remedy any violation, including application for injunctive relief.
(C) Any of the following enforcement remedies and penalties, available to be applied independently or in a sequence deemed necessary, shall be available to the county in response to violations of this chapter. If the person, property or facility has or is required to have a stormwater discharge permit from the KDOW, the county may alert the appropriate state authorities of the violation.
(1) Notice of violation (NOV). Whenever the county or its designated representative finds that any person owning or occupying a premises has violated or is violating this chapter or order issued hereunder, the Enforcement Official may serve, by personal service, or by registered or certified mail, upon that person a written NOV. Within 30 days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, must be submitted to the county or its designated representative. Submission of this plan shall in no way relieve liabilities for violations occurring before or after receipt of the NOV.
(2) Revocation of permit. The county or its designated representative may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans or specifications, refusal or failure to comply with the requirements of state or local law or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked.
(3) Stop work order. The county or its designated representative may issue a stop work order and require that all activities cease, except those actions that are necessary to eliminate the illicit discharge. Unacceptable or untimely actions to eliminate the illicit discharge may be used as grounds to revoke permits for the construction site as described in division (C)(2) above.
(4) Compliance order. If any person shall violate the provisions of this chapter, the county or its designated representative, or his or her designee may give notice to the owner or to any person in possession of the subject property ordering that all unlawful conditions existing thereupon be abated within a schedule defined from the date of the notice.
(a) The Enforcement Official shall have the authority to establish elements of a stormwater pollution prevention plan and require any business to adopt and implement a plan as may be reasonably necessary to fulfill the purposes of this chapter. The Enforcement Official may establish the requirements of BMPs for any premises.
(b) The notice and order may be given, provided that if in the opinion of the county or its designated representative, the unlawful condition is such that it is of imminent danger or peril to the public, then the county or its designated representative may, with or without notice, proceed to abate the same, and the cost thereof shall be charged against the property. The county, as described further in this subchapter, may recover the cost of the actions from the property owner.
(Ord. 04-830-217, passed 12-21-2004)