(A) Informal Warning; Educational Materials: Whenever the enforcement official determines that a violation of a provision of this chapter has occurred or may occur, the enforcement official may provide a warning to any person and/or owner responsible for the condition giving rise to such violation or potential violation. Such warning may include the distribution of educational materials to assist in future compliance with this chapter. This warning may be provided in person or in writing.
(B) Notice Of Noncompliance: Whenever the enforcement official determines that a violation has occurred, the enforcement official may serve a notice of noncompliance to any person and/or property owner responsible for the violation. Each notice of noncompliance shall contain the following information:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The chapter section violated and a description of the violation;
4. A description of how the violation can be corrected;
5. A time limit by which the violation shall be corrected, after which further enforcement and/or corrective actions may be taken by the city if the violation is not fully corrected;
6. The name and signature of the individual preparing the notice of noncompliance;
7. A statement outlining the procedure for appeal of the notice of noncompliance; and
8. Notice of potential liability under the federal clean water act or state Porter-Cologne water quality act.
(C) Administrative Compliance Order: Whenever the enforcement official determines that a violation has occurred, the enforcement official may serve an administrative compliance order to any person and/or property owner responsible for the violation. Each administrative compliance order shall contain the following information:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The chapter section violated and a description of the violation;
4. An order to cease all activities which are believed to be causing the violation;
5. A time limit by which the violation shall be corrected, after which corrective actions will be taken by the city if the violation is not fully corrected;
6. A statement that the city will charge the person and/or owner for all administrative costs associated with enforcement actions;
7. An order prohibiting the continuation or repeated occurrence of the violation;
8. The name and signature of the individual preparing the citation;
9. A statement outlining the procedure for appeal of the order;
10. Notice to the violator of potential liability under the federal clean water act or state Porter-Cologne water quality act; and
11. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions, and requirements of any permit issued pursuant hereto.
(D) Citation: The enforcement official is authorized to issue citations for infractions of this section using the provisions found in title 1, chapters 4, 4A, and 4B of this code.
(E) Misdemeanor: Any violation of this chapter may, at the discretion of the enforcing agency, be considered a misdemeanor and, as such, may be punished using the provisions of section 1-4-5 of this code, including a fine of not more than one thousand dollars ($1,000.00), imprisonment for a period not to exceed six (6) months, or both.
(F) Cost Recovery: The enforcement official may deliver to the property owner or occupant, any permittee, or any other person who becomes subject to a notice of noncompliance or administrative compliance order, an invoice for costs. An invoice for costs shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order.
If any owner or occupant, permittee, or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs or the underlying notice or order in accordance with this section, then the county may institute collection proceedings or resort to any collections methods authorized by title 1, chapters 4A and 4B of this code.
(G) Service: The enforcement officer shall use the provisions of title 1, chapter 4A of this code to serve a notice of noncompliance, citation, administrative compliance order, or invoice for costs to effectuate the provisions of this chapter.
(H) Separate Violation Intent:
1. Each day in which a violation occurs and each separate failure to comply with any provision of this chapter is a separate offense and punishable by penalties in accordance with this chapter.
2. A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate, or utilize an illicit connection, or to cause, allow or facilitate any illicit discharge or threatened illicit discharge. (Ord. 1672, 9-22-2015)