103.07 NOTICE OF VIOLATION.

When the City Engineer determines that a storm water facility is in need of maintenance, in accordance with the requirements of this chapter, the City Engineer shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

   1.   The name and address of the owner or applicant;

   2.   The address or a description of the building, structure or land upon which the violation is occurring;

   3.   A statement specifying the nature of the violation;

   4.   A stop work order as described in the following section;

   5.   A description of the remedial measures necessary to bring the development activity into compliance with this chapter;

   6.   A time schedule for the completion of such remedial action;

   7.   A statement of the penalty, or penalties, that shall be assessed against the person to whom the notice of violation is directed; and

   8.   A statement that the determination of violation may be appealed to the Zoning Board of Adjustment by filing a written notice of appeal within 14 days of service of notice of violation.

The notice shall also advise that, if the violator fails to take required remedial action within the stated deadline, the work may be done by a designated governmental agency or a private contractor, in either case at the sole expense of the violator.

103.08 APPEAL OF NOTICE OF VIOLATION.

Persons receiving a notice of violation may appeal the determination of the City Engineer. The notice of appeal must be received within 14 days from the date of the notice of violation. Hearing on the appeal before the Zoning Board of Adjustment shall take place within 14 days after the date of receipt of the notice of appeal, unless extended for good cause. The decision of the Zoning Board of Adjustment shall be final.

103.09 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 days of the decision of the Zoning Board of Adjustment upholding the decision of the City Engineer, the City Engineer shall enter upon the subject property and take measures as are reasonably necessary to abate the violation and/or restore the property to a condition that is in compliance with the provisions of this chapter. It is unlawful for any person to refuse to allow the City or the City’s designated contractor to enter upon any premises in the City for the purpose of investigations, correcting or abating violations, or otherwise enforcing the provisions of this chapter.

103.10 VIOLATIONS.

After abatement of the violation, the owner of the property shall be notified of the cost of abatement, including administrative costs. The property owner may, within 30 days following notice of abatement costs, file a written protest objecting to the amount of the assessment. If the amount due is not paid within 30 days, the assessment shall constitute a lien on the property pursuant to Section 384.84 of the Code of Iowa. Any abatement costs not paid in full within 30 days of final determination shall bear interest at the legal rate of interest provided by law, until paid in full. Prior written notice of intent to certify a lien shall be given to the property owner at least thirty (30) days prior to certification. The notice shall be sent to the property owner by ordinary mail not less than 30 days prior to the certification of the lien to the County Treasurer. After compliance with the foregoing provisions, the City Clerk shall certify for taxation purposes and for purposes of the establishing of the property lien to the County Treasurer all delinquent abatement costs, together with an administrative expense of $5.00. The lien shall not be certified to the County Treasurer for a delinquent cost of less than $5.00. For the purpose of the certification and for no other purpose whatsoever, assessment costs shall be designated as delinquent when the payments are shown and appear on the books of the City to have been unpaid for a period of six (6) months following their due date.

103.11 INJUNCTIVE RELIEF.

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 a court for a preliminary or permanent injunction restraining the person from violation of the provisions of this chapter, or compelling the person to perform abatement or remediation of any such violations.

103.12 COMPENSATORY ACTION.

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 any 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.

103.13 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 chapter shall be considered a threat to public health, safety, and welfare, and is hereby declared and deemed a nuisance. Any such nuisance may be summarily abated or restored at the violator's expense, or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken as authorized by law.