Upon finding that a person has violated a prohibition of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require reasonable monitoring, analysis and remediation by a specified deadline.
Subd. 1. Public health and safety hazard. The failure to comply with the provisions of this section constitutes a hazard to the public health and safety.
Subd. 2. Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation the following actions:
a. The performance of monitoring, analyses and reporting;
b. The elimination of illicit connections, discharges, or pet waste;
c. The installation of proper salt storage facilities and implementation of proper salt handling procedures.
d. That violating discharges, practices, or operations shall cease and desist;
e. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
f. Payment of a fine to cover administrative and remediation costs; and
g. The implementation of source control or treatment BMPs.
h. Suspension of discharge access in emergency situations or upon repeated or continuous detection of illicit discharges.
Subd. 3. 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.
Subd. 4. If the bill received for abatement and/or restoration is not paid within 30 days, the city may draw the amount of the bill from any financial guarantees the city may hold or may assess the property from which the offense originated. After notice and hearing as provided pursuant to M.S. § 429.061, the City Council may then spread the charges against the property benefitted as a special assessment under M.S. § 429.101 for certification to the County Auditor and collection along with the current taxes the following year or in annual installation not exceeding ten years as the Council may determine in each case.
Subd. 5. Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger to protect the public health, safety and welfare.
(Ord. 455, passed 12-8-2008; Am. Ord. 597, passed 12-12-2022)