(A) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, 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.
(2) In the event the violation constitutes an immediate danger to public health or public safety, the enforcement authority is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The enforcement authority is authorized to seek costs of the abatement as outlined in § 32.023.
(B) Notice of violation.
(1) Whenever the enforcement authority finds that a person has violated a prohibition or failed to meet a requirement of this article, the enforcement authority may order compliance by a written notice of violation.
(a) The notice of violation shall contain the following:
1. The date(s) on which the violation is believed to have been committed;
2. A brief description of the violation;
3. The section of this article alleged to have been violated.
(b) Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
(2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise 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.
(Ord. 2009-03-05, passed 3-5-09)