(A) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. The city shall be responsible for the enforcement 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 section or may be restrained by injunction or otherwise abated in a manner provided by law. Duly authorized representatives of the city have the authority to issue notices of violation (NOV), citations and levy fines as prescribed below.
(2) In the event the violation constitutes an immediate danger to public health, environment, or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property including the issuance of immediate stop work orders. The city is authorized to seek costs of the abatement as outlined in division (E) of this section.
(B) Notice of violation. Whenever the city finds that a violation of this subchapter has occurred, the city may order compliance by written notice of violation.
(1) The notice of violation shall contain:
(a) The name and address of the alleged violator;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to restore compliance with this subchapter and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
(f) A statement that the determination of violation may be appealed to the city’s Codes Enforcement Board by filing a written notice of appeal within 30 days of service of notice of violation.
(2) Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit discharges and illegal connections;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) Payment of costs to cover administrative and abatement costs; and
(f) The implementation of pollution prevention practices.
(C) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the violation. The notice of appeal must be received within 30 calendar days from the date of the notice of violation. Hearing on the appeal before the Codes Enforcement Board or its designee shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.
(D) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 14 calendar days of the decision of the appropriate authority upholding the decision of the violation, then representatives of the city may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(E) Costs of abatement of the violation.
(1) Within 30 Calendar days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within seven calendar days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on the appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(2) Any person violating any of the provisions of this subchapter shall become liable to the city by reason of such violation.
(F) Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate, after the city has taken one or more of the actions described above, the city may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
(G) Criminal penalties. For intentional and flagrant violations of this subchapter, the city may issue a citation to the alleged violator requiring such person to appear in circuit court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(H) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.
(I) Remedies not exclusive.
(1) The remedies listed in this subchapter are not exclusive of any other remedies available under any applicable federal, state or local law and the city may seek cumulative remedies.
(2) The city may recover attorney’s fees, court costs, and other expenses associated with enforcement of this subchapter, including sampling and monitoring expenses.
(Ord. 12-54, passed 12-11-12)