(A) Notice of violation. The director will review each report of illicit connection or illicit discharge, and, if appropriate, may serve a notice of violation to the owner or responsible person of any public or private property as to which an illicit connection or illicit discharge exists. The notice of violation shall:
(1) Identify the provision(s) of this article, the applicable SWPPP, SWPCP, PCSMP, or permit alleged to have been violated;
(2) State the continued noncompliance may result in civil, criminal or administrative enforcement actions;
(3) State a compliance date;
(4) Describe the manner of abatement required;
(5) Order any necessary remediation work; and
(6) State that the city may recover its costs of abating the violation.
(B) The notice of violation may include where deemed applicable by the director, the following:
(1) Specific steps and time schedules for compliance as reasonably necessary to prevent threatened or future unauthorized illicit discharges, including but not limited to, the threat of an illicit discharge from any pond, pit, well, surface impoundment, holding or storage area;
(2) Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection;
(3) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact storm water;
(4) Any other terms or requirements reasonably calculated to prevent continued or threatened violations of this article including, but not limited to, requirements for compliance with BMPs guidance documents promulgated by any federal, State or local agency;
(5) Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of an applicable SWPPP, SWPCP, PCSMP, or NPDES permit, or this article.
(C) Cease and desist orders.
(1) The director may issue a cease and desist order where the public health, safety and/or welfare requires the same, directing the owner or a responsible person to:
(a) Immediately discontinue any illicit connection or illicit discharge to the storm drain system;
(b) Immediately contain or divert any flow of non-storm water off the property, where the flow is occurring in violation of this article;
(c) Immediately discontinue any other violation of this article; and
(d) Clean up the area affected by the violation.
(2) The director may direct by cease and desist order that the owner or responsible person immediately cease any activity not in compliance with the terms, conditions and requirements of the applicable plan, NPDES permit or this article. For construction projects and activities for which a grading or building permit is required a stop work order may be issued by the director or building and safety official of the city to ensure corrective actions are made to the satisfaction of the director. No construction work may proceed until corrective actions have been completed to the satisfaction of the director.
(3) A cease and desist order will be considered a notice of violation.
(D) Recovery of costs. The director will serve an invoice for costs upon the owner or other responsible person who is subject to a notice of violation or a cease and desist order. If any owner or other responsible person fails to pay the invoice for costs, then the city may institute collection proceedings.
(E) Service of notices. Any notice of violation, cease and desist order or invoice for costs (collectively, “order”) must be served pursuant to the requirements of this article and will be subject to the following:
(1) Each order must state that the recipient has a right to appeal the matter as set forth in this article.
(2) The order must include the address of the affected property and be addressed to the owner as shown on the most recently issued equalized assessment roll or as may otherwise appear in the current records of the city.
(3) If the owner or other responsible person cannot be located after the reasonable efforts of the director, the order will be deemed served ten business days after posting on the property.
(F) Emergency abatement. The director is authorized to take any reasonably necessary precautions including, but not limited to, decontamination, packaging, dyking and transportation of materials, in order to protect life, protect property or prevent damage resulting from a condition which is likely to result in a discharge presenting an imminent hazard to the public health, safety or welfare; or which, either individually or in conjunction with other discharges, is an imminent hazard to the city's storm drain system, the environment or which places the city in violation of its NPDES permit. In the furtherance of such an operation, city personnel, any party contracting with the city or a duly authorized representative of another government agency will have immediate access to the premises. The director may prohibit access to the scene of such emergency by any person, vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof. Any costs incurred by the city in performing emergency abatement procedures may be recovered pursuant to subsection (D) of this section.
(G) Consecutive violations. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this article, a notice of violation, a cease and desist order, an applicable SWPPP, SWPCP, PCSMP, or a condition or requirement of a NPDES permit, constitutes a separate violation.
(Ord. No. 2876)