159.06 NUISANCES, VIOLATIONS, AND ABATEMENT.

   (a)   The following conditions are declared to constitute nuisances:

      (1)   Downspouts or any outdoor drain or manhole discharging water into any sanitary sewer;

      (2)   Sanitary or storm sewer connection blocked or broken;

      (3)   Storm sewer connection leaking or blocked and discharging water into any sanitary sewer or sanitary sewer connection;

      (4)   Storm sewer outlet connected into sanitary sewer or vice versa;

      (5)   Discharge of any water, liquid, semi-solid or solid material in violation of this Chapter.

   (b)   Any such nuisance found by the Director of Public Works may be abated by the City and the cost of the abatement assessed in the manner provided by Chapter 107.

   (c)   The Director or the Director's designee may issue a notice of violation and/or an order to cease or modify any activity or discharge, to alter or modify any downspout, sewer, or connection, or to install a sewer test tee, all at the expense of the property owner, lessee, or party in control of a property, in order to ensure compliance with and permit any testing authorized by this Chapter.

   (d)   Any violation of this Chapter, or any failure to abide by any notice of violation or order issued by the Director or the Director's designee pursuant to this Chapter, shall constitute a first degree misdemeanor. The City may enforce this Chapter through any administrative, civil or criminal process allowed by law.

   (e)   Any notice of violation or order issued pursuant to this Chapter may be appealed to the City's Board of Appeals pursuant to Chapter 132, within the time stated on the notice or order. (Ord. 09-36. Enacted 3-23-09.)