Enforcement shall include the following procedures and penalties, with five (5) working days being allowed for the correction of each non-compliant occurrence before the next enforcement action for that occurrence is administered:
(A) First occurrence non-compliance - issue notice of violation.
(B) Second occurrence or continued non-compliance - stop work order.
(C) Third occurrence or continued non-compliance - five hundred dollars ($500.00) per calendar day fine along with the filing of a complaint with Kentucky Division of Water.
(D) The right to take civil action against any permittee and/or contractor that consistently and persistently fails to be compliant with the requirements of this chapter or fails to pay fines levied upon through the administration of this chapter.
(E) Non-storm water discharges.
(1) Civil penalties. In the event the alleged violator fails to make the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within fourteen (14) days, or such greater period as deemed appropriate, the city may impose a penalty not to exceed one thousand dollars ($1,000) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. The enforcement authority may recover all attorney's fees, court costs and other expenses associated with enforcement of Article II, including sampling and monitoring expenses.
(2) Criminal penalties. In addition to the other penalties provided herein, violation of Article II shall constitute a Class B Misdemeanor punishable by a fine of up to two hundred and fifty dollars ($250) and ninety (90) days in jail, or for a corporation a fine up to five thousand dollars ($5,000). Each act of violation shall constitute a separate violation.
(3) Violation deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of Article II is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 2007-06-07, passed 6-7-07; Am. Ord. 2009-03-05, passed 3-5-09)