In addition to the other enforcement powers and remedies established by this Article, the Director has the authority to utilize the following administrative remedies:
(a) Cease and Desist Orders. When the Director finds that a discharge has taken place or is likely to take place in violation of this Article, the Director may issue an order to cease and desist such discharge, or proactive, or operation likely to cause such discharge and direct that those persons not complying shall:
(1) Comply with the requirement;
(2) Comply with a time schedule for compliance, and/or
(3) Take appropriate remedial or preventive action to prevent the violation form recurring.
(b) Notice to Clean. Whenever the Director finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain system or a non-stormwater discharge to the storm drain system, he or she may give notice to the property owner to remove and lawfully dispose of such material in any manner that he or she reasonable may provide. The recipient of such notice shall undertake the activities as described in the notice within the time frames set forth therein.
(c) In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director may cause such required activities as described in the notice to be performed. Prior to beginning work, the Director shall present to the violator a good faith estimate of the cost of clean-up, which estimated cost shall be paid by the violator. Upon completion of the clean-up, the actual cost shall be reconciled with the estimated cost, and the violator shall pay the balance due or be refunded the amount overpaid. In the event the violator refuses to pay the estimated or final actual cost within sixty (60) days of the invoice date, a lien may be placed upon and against the property and/or the cost of correction may be recovered in a civil action brought against the violator on behalf of the City.
(Ord. 2011-11. Passed 11-21-11.)