(A) Violations deemed a public nuisance.
(1) The following violations shall be deemed a public nuisance:
(a) Any condition caused or permitted to exist in violation of any of the provisions of this chapter; or
(b) Any failure to comply with any applicable requirement of either the SUSMP or an approved stormwater mitigation plan with respect to a property; or
(c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or
(d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved stormwater mitigation plan or the SUSMP, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any Director, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney.
(2) The cost of such abatement and restoration shall be borne by the owner of the property and the cost shall be billed to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.
(3) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this section shall constitute a public nuisance and a violation of this chapter.
(B) Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
(C) Civil actions. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek any or all of the following remedies:
(1) A temporary and/or permanent injunction;
(2) Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;
(3) Costs incurred in removing, correcting or terminating the adverse effects resulting from violation;
(4) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
(D) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, the Director has the authority to utilize the following administrative remedies:
(1) Cease and desist orders. When a discharge has taken place or is likely to take place in violation of this chapter, the Director may issue an order to cease and desist such discharge, or practice or operation likely to cause such discharge and direct that those persons not complying shall:
(a) Comply with the requirement;
(b) Comply with a time schedule for compliance; and
(c) Take appropriate remedial or preventive action to prevent the violation from recurring.
(2) Notice to clean. Whenever the Director finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
(E) Permit revocation. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this code.
(F) Burden of proof. In an enforcement action, the burden of proof shall be on the person who is the subject of such action to establish that the reduction or elimination of the discharge to the maximum extent practicable has been accomplished through compliance with the best management practices available, including applicable monitoring, notifications and reporting requirements.
(G) Remedies. Remedies under this chapter are in addition to and do not supersede or limit any and all other available remedies, civil or criminal. The remedies provided for in this chapter shall be cumulative and not exclusive.
(Ord. 1055, passed 5-22-14) Penalty, see § 52.99