(A) Violation enforcement. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. Any person who has violated or continues to violate the provisions of this subchapter, may be subject to the enforcement actions outlined in this subchapter or may be restrained by injunction or otherwise abated in a manner provided by law.
(B) Notification by city. The city shall notify the owner or permittee of the failure of compliance with this subchapter. The initial contact will be by phone. Forty-eight hours after notification by the city or 72 hours after the failure of compliance, the city, at its discretion, may begin corrective work and/or take other enforcement actions outlined in this section.
(C) Emergency action. In the event the violation constitutes an immediate danger to public health, safety, or welfare, the city is authorized to enter the property, without prior notice, to take any and all measures necessary to abate the violation and/or restore the property, at the owner's expense. The city will pursue measures to recover all costs associated with restoration.
(D) Right of entry and inspection. The owner(s) shall allow the city and its authorized representatives, upon presentation of credentials to:
(1) Enter upon a permitted site or property serviced by the city's stormwater system for the purpose of inspection;
(2) Bring equipment upon the permitted site as is necessary to conduct sampling, surveys and/or investigations;
(3) Examine and copy any books, papers, records, or memoranda during such inspection;
(4) Inspect the stormwater pollution control measures; and
(5) Sample and monitor any items or activities pertaining to stormwater pollution control measures.
(E) Stop work order. The City Engineer may issue an order to stop all and any work related to the construction activity, potential or actual illicit discharge, and any other activity causing nuisance conditions in the event of any of the following:
(1) Violation of any provision(s) this subchapter;
(2) Noncompliance of any term(s) of an issued grading/ ESC permit;
(3) Failure to obtain a grading/ ESC permit; and
(4) The grading/ ESC permit was issued based on incorrect/ false information.
(F) Permit suspension or revocation. If the permittee refuses or fails to cease work after the stop work order, the city shall suspend or revoke the grading/ESC permit.
(G) Recovery of costs. Any person violating any of the provisions of this subchapter shall become liable to the city for any expense, loss, or damage. If payment is not made within 30 calendar days after costs are incurred by the city, then the city may assess the remaining amount against the property.
(H) Nuisance. A violation of this subchapter constitutes a public nuisance under this city code.
(I) Legal remedies nonexclusive. Nothing in this section shall be construed to limit the city's other available legal remedies for any violation of this subchapter including criminal, civil, injunctive or other remedies.
(J) Penalties. Any person, firm, or corporation violating any provision of this subchapter shall be guilty of a penal offense and upon conviction thereof, subject to the penalties set forth in § 10.99 of the city code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(K) Falsifying information. Any person who knowingly makes false statements, representation or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant of this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this subchapter, shall upon conviction, be punished by a fine of not more than $1,000 or by imprisonment not more than 90 days or both.
(Ord. 1519, passed 3-3-2015)