§ 54.08  ADMINISTRATIVE ENFORCEMENT REMEDIES.
   (A)   Warning notice. When the DPW finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the DPW may serve upon that person either a verbal warning notice or a copy of the inspection report, with expected corrective actions. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division (A) shall limit the authority of the DPW to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
   (B)   Notification of violation. When the DPW finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Code Enforcement Officer may serve upon that person a written notice of violation. Within 5 days of the receipt of this notice, the alleged violator shall submit to the Code Enforcement Officer an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof along with a plan of specific actions for compliance or shall complete specific actions for compliance. The Code Enforcement Officer shall have discretion to determine the amount of time needed for completion of specific action for compliance if the latter option is chosen. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the Code Enforcement Officer within 5 days of receipt of the notice. The Code Enforcement Officer shall make a determination within 1 day on the validity of the claim and shall notify the alleged violator. Upon a denial of the claim, the alleged violator shall have 5 days to complete specific action for compliance. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Code Enforcement Officer to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.
   (C)   Stop work order. Whenever the Code Enforcement Officer finds that any operator of a construction site has violated or continues to violate any provision of this chapter the Code Enforcement Officer may issue a “stop work order”. This order will be posted at the construction site with a copy delivered to the operator. All work at the site should cease until all violations are immediately corrected, and documentation is presented to the Code Enforcement Officer or his representative stating the violation will not re-occur or changes to the SWPPP have been made. Upon receipt of the documentation, a notice to proceed will be issued by the Code Enforcement Officer or his/her representative. Issuance of a “stop work” order shall not be a deterrent against, or a prerequisite for, taking any other action against the violator.
   (D)   Consent order. The Code Enforcement Officer may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this chapter or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (E), (F), and (G) of this section and shall be judicially enforceable.
   (E)   Show cause hearing. The Code Enforcement Officer may order any person who has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, to appear before the Code Enforcement Officer and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in this chapter. A show cause hearing shall not be a deterrent against, or prerequisite for, taking any other action against the alleged violator.
   (F)   Compliance orders. When the Code Enforcement Officer finds that any person has violated or continues to violate, any provision of this chapter, or any order issued hereunder, the Code Enforcement Officer may issue an order to the violator directing that the violator come into compliance with a specified time limit. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the city’s drainage system and waters of the US. A compliance order may not extend the deadline for compliance established by a state or federal standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a deterrent against, or a prerequisite for, taking any other action against the violator.
   (G)   Remediation, abatement and restoration orders. When the Code Enforcement Officer finds that a person has violated or continues to violate, any provision of this chapter, or any order issued hereunder, and that such violation has adversely affected the city’s drainage system, the waters of the US, or any other aspect of the environment, the Code Enforcement Officer may issue an order to the violator directing him/her to undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the city, the waters of the US, or any other aspect of the environment, and/or to restore any part of the city, the waters of the US, or any other aspect of the environment that has been harmed. Such remedial, abatement, and restoration action may include, but not be limited to: monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment and disposal of any discharged or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the violation; restoration or replacement of city property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this division (G) does not relieve the violator of liability for any violation, including any continuing violation. Issuance of an order under this division (G) shall not be a deterrent against, or a prerequisite for, taking any other action against any responsible party.
   (H)   Emergency cease and desist orders.
      (1)   When the Code Enforcement Officer finds that any person has violated, or continues to violate, any provision 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) have caused or contributed to an actual or threatened discharge to the city or waters of the US which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Code Enforcement Officer may issue an order to the violator directing it immediately to cease and desist all such violations and directing violator to:
         (a)   Immediately comply with all ordinance requirements; and
         (b)   Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
      (2)   Any person notified of an emergency order directed to it under this division (H) shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the Code Enforcement Officer may take such steps as deemed necessary to prevent or minimize harm to the city’s drainage system or waters of the US, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply sewer connection, or other municipals utility services. The Code Enforcement Officer may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Code Enforcement Officer that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measure taken to prevent any future occurrence, to the Code Enforcement Officer within 2 days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a deterrent against, or a prerequisite for, taking any other action against the violator.
   (I)   “Red tags”. Whenever the Code Enforcement Officer finds that any operator of a construction site has violated or continues to violate, any provision of this chapter, or any order issued thereunder, the Code Enforcement Officer may order that a “red tag” be issued to the operator, posted at the construction site, and distributed to all city departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the Code Enforcement Officer, the “red tag” shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the city associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other city approval necessary to commence or continue construction or to issue occupancy at the site. Issuance of a “red tag” order shall not be a deterrent against, or a prerequisite for, taking any other action against the violator.
(Ord. 785, passed 6-2-2020)