(A) It shall be unlawful for any person to violate or fail to comply with any provision of this subchapter. Any person who has violated or continues to violate any provision of this subchapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(B) Notice of violation.
(1) Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the city may order compliance by written notice of violation to the responsible person.
(2) Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
(3) Such notice of violation shall contain:
(a) The names and addresses of the owner and violator;
(b) The address when available, or a description of the building, structure of land upon which the violation has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the illegal activity into compliance with this subchapter and a time schedule for the completion of such remedial action, which may include designating the violation requires immediate action of less than 24 hours;
(e) A statement that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator;
(f) A description of the remedial measures, if any, that were necessary to bring the illegal activity into compliance with this subchapter that were already taken by the city, the cost thereof, and a statement that the violator shall be responsible for the remedial action already taken; and
(g) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is sent.
(C) If an emergency exists and immediate action is required, the city may abate or remedy the violation and the notice may be given after the abatement or remediation has occurred. In the event of such emergency, the city may enter onto the subject property and may take all measures necessary to abate the violation. It shall be unlawful for any person to refuse access to the city or designated contractor to enter upon the property for the purposes set forth above.
(Ord. 34, 2004, passed 11-22-2004; Am. Ord. 20, 2023, passed 9-25-2023)