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It is unlawful for any person to violate or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the City Engineer may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations. The City Engineer may also compel the person to perform abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City Engineer may impose upon a violator alternative compensatory actions. These actions may include (but are not limited to) storm drain labeling, attendance at storm water pollution prevention compliance workshops, the cleanup of local waterways or creeks, or other activity as determined appropriate by the City Engineer. The failure of any person to complete any compensatory actions imposed by the City Engineer shall be a violation of this chapter.
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 chapter shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
A violation of this chapter constitutes a municipal infraction under this Code of Ordinances. In addition to any fine or penalty, the City may recover all legal fees, court costs, and other expenses associated with enforcement of this chapter, including necessary sampling and monitoring expenses.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter or another ordinance, easement, covenant, or deed restriction conflicts or overlaps in jurisdiction, whichever regulation imposes the greater restriction shall be enforced.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend or imply that compliance by any person shall ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the MS4, waters of the State, or waters of the United States.