(A) Fines. A person that has been found to have been in violation of any provision of this chapter, may be assessed a civil penalty not to exceed the amount presented in this section.
(1) The penalty shall increase by 25% of the previous penalty amount for every subsequent, but separate offense made by the same person. The penalty shall be in addition to other enforcement actions of this section.
(2) The penalty may be assessed for each day, beyond schedules applied in compliance orders or other schedules issued to the property owner or other person responsible, for unauthorized activity defined in this section.
(3) In determining the amount of the penalty a penalty schedule may be developed by the city representative with confirmation by resolution of the City Council that shall consider the following:
(a) The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The cumulative effect of other enforcement actions applied for the same offense;
(h) The prior record of the violator in complying or failing to comply with the storm water quality management program; and
(i) The costs of enforcement to the city.
(4) The maximum fines will be determined by the type of offense. This indicates the maximum that may be imposed for a first offense and does not reflect the increases described above for repeat offenses.
(a) Development without or inconsistent with permit. Up to $7,500. To engage in any development, use, construction, remodeling or other activity of any nature in any way without all required permits inconsistent with any approved plan, permit, certificate or other form of authorization granted for such activity.
(b) Violation by act or omission. Up to $5,000. To violate, by act or omission, any term, variance, modification, condition or qualification placed by the city or its designated representative upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon.
(c) Illicit discharge. Up to $5,000. Any person who is found to have improperly disposed of any substance defined as an illicit discharge, not an allowable discharge or causes the city to be in noncompliance with any applicable environmental permit.
(d) Household products. Up to $500. Any person who is found to have improperly disposed of any substance not included in § 155.26 that was purchased over-the-counter for household use, in quantities considered normal for household purposes, which upon discharge to the MS4 or drainage network would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit.
(5) In the event there are penalties assessed by the state against the city caused by a person, said person shall be assessed the equivalent amount of civil penalty. This shall include, but is not limited to, penalties for improper disposal or illegal dumping, or illicit connection into the MS4.
(B) Administrative fee. Any person who undertakes any development activity requiring a storm water management plan hereunder without first submitting the plan for review and approval shall pay to the city, in addition to any permit or inspection fee, an administrative fee which reflects the actual cost of the corrective action.
(C) Order to clean and abate/restore. Any violator may be required to clean and/or restore land to its condition prior to the violation.
(D) Cost recovery. If corrective action is not taken in the time specified the city may take the corrective action. The cost of the corrective action abatement and/or restoration shall be borne by the property owner. If the invoice is not paid within 90 calendar days, the enforcement official shall have the authority to place a lien upon and against the property. Alternatively, if the invoice is not satisfied within 90 calendar days, the enforcement official is authorized to take all legal measures available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action brought for a money judgment, by delivery to the assessor or a special assessment against the property.
(E) Injunctions and/or proceedings at law or in equity.
(1) Any violation of this chapter or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.
(2) The city shall pursue, through a court of component jurisdiction, any penalties that are not paid in full.
(F) Fee or utility credit revocation or adjustment. This enforcement tool is intended to be available or used if there are, at any time, provisions for a property stormwater utility user fee funding mechanism managed by the city. This enforcement tool permits that credits (reductions), adjustments (increases) or other measures to modify fees or utility charges may be revoked or added, in full or in part, if any provisions of this chapter are violated. The city representative will develop and periodically revise an adjustment/credit schedule for adoption by resolution of the City Council.
(G) Civil actions. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city’s attorney. Monies recovered under this division shall be paid to the city to be used exclusively for costs associated with implementing or enforcing the provisions of this ordinance and the storm water quality program. In any such action, the city may seek, as appropriate, any or all of the following remedies:
(1) A temporary and/or permanent injunction;
(2) Assessment of the violator for the costs of any investigation, inspection or monitoring survey which lead to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this division;
(3) Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation; and
(4) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
(H) Emergency orders and abatements. The enforcement official may order the abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare of the environment or a violation of a KPDES permit. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare of the environment or a violation of a KPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate said threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of this division.
(I) Violations 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 this chapter is a threat to public health, safety, welfare and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by state and local law.
(J) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any remedies available under any applicable federal, state or local law and the city may seek cumulative remedies.
(Ord. 012-100, passed 4-9-2012; Ord. 017-227, passed 4-10-2017)