(A) (1) The city shall institute appropriate actions or proceedings by law or equity for the enforcement of this chapter within the areas of jurisdiction previously described. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief.
(2) Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the city from taking such other lawful action as necessary to prevent or remedy any violation, including application for injunctive relief.
(B) Any of the enforcement remedies and penalties, provided in this chapter are available to be applied independently or in a sequence deemed necessary, shall be available to the city in response to violations of this chapter. If the person, property or facility has or is required to have a storm water discharge permit from the KDOW, the city may alert the appropriate state authorities of the violation.
(C) Notice of deficiency (NOD).
(1) In instances when the city, based on observations or investigations, has reasonable cause to believe that a deficiency of this chapter has occurred, the city is authorized to notify the permittee in writing of the following items:
(a) Date and location of site observation(s) or investigation(s);
(b) An itemized list of any deficiencies or failures;
(c) A deadline in which the deficiencies are to be eliminated; and
(d) The written notice of deficiency shall be hand delivered and/or sent by certified mail to the permittee.
(2) It will be the responsibility of the permittee to determine what corrective actions are needed. If the deadline for eliminating the deficiency is not met, it is the responsibility of the permittee to document that the deadline has not been met and request an extension to be evaluated by the city on a case by case basis.
(D) Permit denial. At the discretion of the city representative or designated agent, it may withhold or delay any permit application, inspection requests, appeals, or other plan approvals from person(s) that have unresolved enforcement matters.
(E) Notice of violation (NOV). Whenever the city or its designated representative finds that any person owning or occupying a premise has violated or is violating this chapter or order issued hereunder, the enforcement official may serve, by personal service, or by registered or certified mail, upon said Person a written NOV. Within 30 days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, must be submitted to the city or its designated representative. Submission of this plan shall in no way relieve liabilities for violations occurring before or after receipt of the NOV.
(F) Stop work order.
(1) In the event compliance cannot be achieved within the terms of a notice of deficiency, notice of violation, permit suspension or permit revocation, the city may proceed with a stop work order. In the event the city representative perceives that there is an immediate adverse impact or blatant disregard for the requirements, it may issue a stop work order without first administering a notice of deficiency, notice of violation, permit suspension or permit revocation.
(2) No construction activities, other than those required to address deficiencies/violations, are allowed on a project site when a stop work order has been issued.
(3) The written stop work order shall be sent by certified mail to the permittee.
(4) The written stop work order shall specify deficiencies and violations that must be corrected prior to a city inspection for consideration of removing the stop work order.
(5) The permittee shall notify the city in writing of the anticipated date for completion of the corrective action(s) and provide at least two normal business days’ notice for the city to perform a compliance inspection.
(6) When a stop work order is removed, the city shall provide written notice to the permittee.
(G) Permit suspension or revocation.
(1) In the event compliance cannot be achieved within the terms of a notice of deficiency and/or notice of violation, the city may proceed with permit suspension or revocation.
(2) Land-disturbing activities are not allowed on a project site when a permit has been suspended or revoked other than those required to address deficiencies/violations.
(3) The written permit suspension or revocation shall be hand delivered and/or sent by certified mail to the permittee.
(4) A permit suspension requires that the permittee submit a revised portion of SWQMP as indicated by the city for review and acceptance by the city of the specific issue of contention. When a permit suspension is removed, the city shall provide written notice to the permittee.
(5) When a permit is revoked, the permittee must reapply for a permit through the process of requesting a new permit.
(6) A permit revocation requires that the permittee resubmit a SWQMP for a full review and acceptance by the city representative.
(H) Compliance order. If a person violates the provisions of this chapter, the city or its designated representative, may give notice to the owner or to any person in responsible charge of the subject property ordering that unlawful conditions existing thereupon be abated within a schedule defined from the date of such notice.
(1) The enforcement official shall have the authority to establish elements of a compliance SWQMP and require the owner implement such a plan as may be reasonably necessary to fulfill the purposes of this chapter. The enforcement official may establish the requirements of BMPs.
(2) The notice and order may be given, provided that if in the opinion of the city or its designated representative, the unlawful condition is such that it is of imminent danger or peril to the public, then the city or its designated representative shall, with or without notice, proceed to abate the same, and the cost thereof shall be charged against the property. The city, as described further in this division, may recover the cost of such actions from the property owner.
(Ord. 012-100, passed 4-9-2012; Ord. 017-227, passed 4-10-2017) Penalty, see § 155.99