A. General: Enforcement action shall be in accordance with this article and title 1, chapter 13 of this code whenever a person has violated any provision of this article, or any requirement imposed or order issued pursuant to this article, or any prohibition upon an illicit connection or illicit discharge or stormwater source control violation pursuant to article A of this chapter. Businesses or activities that were permitted prior to August 1, 2022 and are identified in Chapter 9-5A-9.J.1 Table 1 for which source control BMPs were not previously required shall be subject to the full provisions of Chapter 9-5B-11 and in full compliance with Chapter 9-5A-9.J OMC by January 1, 2023. The choice of enforcement action and the severity of any penalty shall be determined by the director, in consultation with the city attorney when considering criminal penalties, based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action, and whether or not the violation was intentional. Violation of this article, or any prohibition upon an illicit connection or illicit discharge pursuant to article A of this chapter, includes any act or omission causing, allowing, permitting, aiding, abetting, directing, controlling, suffering or concealing an act or omission in violation of this article. In addition to the listed enforcement options, the city may also pursue any other lawful civil, criminal or equitable remedy or relief. Enforcement options are cumulative and shall not be deemed exclusive. The definitions set forth in title 1, chapter 13 of this code shall apply throughout this section.
B. Unlawful Activities: Any structure, condition, act or omission which violates any provision of this article, or any prohibition upon an illicit connection or illicit discharge or stormwater source control violation pursuant to article A of this chapter, or any provision of a civil regulatory order shall be, and the same is declared to be, unlawful and is subject to the enforcement and penalty provisions of this section and section 9-5B-12 of this article and title 1, chapter 13 of this code.
C. Nuisance: Any act or omission declared to be unlawful pursuant to this article shall constitute a public nuisance, and may be abated using the procedures for abatement of public nuisances as set forth in this code or as otherwise allowed by law.
D. Criminal Violation: Any act or omission declared to be unlawful pursuant to this article shall constitute a misdemeanor and punishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment up to ninety (90) days in jail, or by both such fine and imprisonment.
E. Violation: Any act or omission declared to be unlawful pursuant to this article shall constitute a violation and shall be subject to enforcement by the director pursuant to title 1, chapter 13 of this code.
F. Monetary Penalties: Any act or omission declared to be unlawful pursuant to this article is subject to monetary penalties pursuant to section 9-5B-12 of this article.
G. Civil Regulatory Order: The director shall have the authority to issue and serve a civil regulatory order pursuant to title 1, chapter 13 of this code that orders the cessation of any activity that is in violation of this article or any prohibition upon an illicit connection or illicit discharge or stormwater source control violation pursuant to article A of this chapter, whether occurring on public or private property. The director shall have authority to include in the civil regulatory order, or to issue and serve in a separate civil regulatory order, an order to take corrective action to bring any noncompliant activity, structure, or condition into compliance with this article. The director shall have the authority to serve a person responsible for the violation a civil regulatory order if an action is being undertaken in violation of this article, or for any prohibition upon an illicit connection or illicit discharge or stormwater source control pursuant to article A of this chapter.
1. Posting And Notice: The director shall prominently post a civil regulatory order at the subject property and shall make reasonable attempts to serve the civil regulatory order pursuant to section 1-13-7 of this code.
2. Effect: When a civil regulatory order has been posted on the subject property or otherwise served in accordance with subsection G1 of this section, it is a violation of this article for any person with actual or constructive knowledge of the order to conduct any activity or work upon the subject property prohibited by the order until such time as the director has removed or authorized removal of the order. It is further a violation of this article for any person to fail to take corrective action, as required by the director in the stop work/corrective action order, to bring the unlawful activity or condition into compliance with this article.
3. Effective Date: The civil regulatory order issued under this section shall become effective immediately upon the earlier of posting on the subject project or receipt by the person to whom the order is directed.
4. Extension: Upon written request received prior to the correction date or time set forth in the civil regulatory order, the director may extend the date set for correction for good cause. The director may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as good cause.
5. Removal Or Destruction: It is a violation of this article for any person other than the director, to remove, relocate, alter, conceal, damage, deface or destroy a civil regulatory order posted on the subject property pursuant to this subsection.
6. Compliance: Failure to comply with the terms of a civil regulatory order, including timely completion of requirements for taking corrective action, may result in enforcement actions including, but not limited to, the issuance of a notice of civil violation or civil infraction.
(Ord. 911, 8-31-2011; amd. Ord. 2022-1098, 7-27-2022)