The city shall be responsible for the enforcement of this subchapter. The Planning and Zoning Director, Chief Enforcement Officer, or their duly authorized representatives have the authority to issue notices of violation (NOVs), citations, and levy fines as described below.
(A) The city shall be responsible for the enforcement of this subchapter. Duly authorized representatives have the authority to issue Notices of Violation (NOV), citations, and levy fines as described below.
(B) Enforcement procedures may be utilized if any of the following conditions exist:
(1) Structural and/or non-structural BMPs are not being installed or maintained per manufacturer’s specifications and/or City of Richmond;
(2) Construction is not in compliance with the approved stormwater management plan;
(3) Maintenance of permanent stormwater BMPs is not sufficient after construction; or
(4) Any of the conditions of this subchapter are not being met.
(C) Enforcement procedures.
(1) For the purposes of this subchapter, a NOV and/or citation is official by posting a copy of the notice of violation and/or citation on the construction site in reasonable proximity to a location where the violation is taking place. Additionally, a copy of the violation and/or order shall be mailed by first class mail, postage pre-paid, to the address listed by the responsible party on the operation and maintenance agreement. In the case of work for which there is no operation and maintenance agreement, a copy of the violation and/or order shall be mailed to the person listed as the landowner of the property.
(2) NOVs are the first level of enforcement and do not include a penalty, or fine. Only one NOV will be issued for an offense before citations are utilized. An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced through a citation. Offenses enforced through a NOV must be corrected within five calendar days of the date of issuance or a citation will be issued.
(3) Citations shall include a penalty, or fine, for each occurrence and payable to the issuing authority prior to release.
(a) First citation = $1,000 fine.
(b) Second citation = $2,000 fine and notice of intent letter.
(4) For violations where no operation and maintenance agreement has been recorded, the city will notify the property owner or responsible party and cooperate for resolution prior to enforcement. Should the responsible party not provide stormwater structure maintenance or demonstrate a history of non-compliance of the same nature, the city may request the City Attorney to seek to obtain injunctive relief.
(5) Ten calendar days after issuing the citation, the city may issue a notice of intent to the responsible party, landowner, or land user stating the city’s intent to perform work necessary to comply with this subchapter. The city may go on the land and commence work after 14 days from issuing the notice of intent. The costs incurred by the city to perform this work shall be paid by the property owner or responsible party. The cost, plus interest at the rate authorized by the city, plus a reasonable administrative and attorneys fee shall be billed to the property owner. Failure to reimburse the city within 30 days of billing will result in a lien being placed on the property.
(6) Compliance with the provisions of this subchapter may also be enforced by injunction.
(7) The city is authorized to require immediate abatement of any violation of this subchapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the city is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by the city, plus a reasonable administrative and attorneys fee shall be billed to the property owner. Failure to reimburse the city within 30 days of billing will result in a lien being placed on the property.
(8) Any person, firm, corporation or agency acting as principal, agent, employee or otherwise, who fails to comply with the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $100 and not more than $500, or by imprisonment for not more than 90 days, or both, for each separate offense. Each day there is a violation of any part of this subchapter shall constitute a separate offense.
(D) For the purpose of this subchapter, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(Ord. 12-51, passed 12-11-12)