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.

103.14 MUNICIPAL INFRACTION.

Any violation of any provision of this chapter is hereby declared to be a municipal infraction, punishable as provided in Chapter 3 of 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.

103.15 REMEDIES NOT EXCLUSIVE.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, State or local law. It is within the discretion of the City Engineer to seek cumulative remedies if necessary.

103.16 COMPATIBILITY WITH OTHER REQUIREMENTS.

This chapter is not intended to repeal, interfere with, abrogate, impair, or annul any existing chapter, rule or regulation, statute, or other provision of law. The requirements of this chapter shall be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

103.17 ULTIMATE RESPONSIBILITY.

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.

103.18 STOP WORK ORDERS.

Persons receiving a notice of violation shall be required to halt construction activities. This “stop work order” shall be in effect until the City Engineer confirms that the development activity is in compliance, and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

103.19 ENFORCEMENT AND PENALTIES; VIOLATIONS.

Any development or re-development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.

103.20 RESTORATION OF LANDS.

Any person in violation of this chapter may be required to restore land to an appropriate condition as determined by the City Engineer. In the event that restoration is not undertaken within a reasonable time after notice, the City Engineer may take necessary corrective action, the cost of which shall become a lien upon the property until paid in full.