(A) Failure to maintain practices.
(1) If a responsible party fails or refuses to meet the requirements of the maintenance agreement, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. The city will notify the party responsible for maintenance of the stormwater management facility in writing of any violation of design standard or maintenance needs detected by the city.
(2) In the event that the stormwater management facility becomes a danger to public safety or public health, the city shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the city shall be assessed against the owner/developer/applicant(s).
(B) Violations. Any development activity that is commenced or is conducted contrary to this article, may be restrained by injunction or otherwise abated in a manner provided by law.
(C) Notice of violation and appeals.
(1) When the city determines that an activity is not being carried out in accordance with the requirements of this article, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(a) The name and address of the owner or applicant;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the development activity into compliance with this article and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within fifteen (15) days of service of notice of violation.
(2) Any person may ask the city to reconsider any disciplinary action taken or recommended by the MS-4 Coordinator against that person by making a written request to the Mayor.
(3) Within thirty (30) days of receiving that request the Mayor shall deliver a written response to the request for reconsideration that may affirm, modify or rescind the action of the MS-4 Coordinator from which the appeal was taken.
(D) Stop work orders. Persons receiving a notice of violation will be required to halt all construction activities. This "stop work order" will be in effect until the city 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 can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.
(E) Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be punished by a fine of not less than five hundred dollars ($500.00) or by imprisonment for a period not to exceed sixty (60) days, or both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(F) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(G) Holds on occupation permits. Certificate of occupancy may not be issued until corrections to all of the stormwater management practices have been made and accepted by the city.
(Ord. 2009-10-01, passed 10-1-09)