(a) A storm water discharger who violates any of its own or the City's NPDES permit condition or limitation is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day for each violation. A storm water discharger who violates any provision of this chapter but does not violate any NPDES permit condition or limitation is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation.
(b) Construction sites failing to notify the Division of Environmental Services three days prior to commencement of construction activities shall be subject to a civil penalty not to exceed $100.
(c) In addition to the other penalties listed in this section, a storm water discharger who violates any provision of this chapter shall be liable to the City for any expense, loss or damage resulting from the cleaning, repair or replacement work caused by the violation.
(d) In addition to the other penalties listed in this section, a storm water discharger shall be liable for any fine or penalty incurred by the City caused by the storm water discharger's violation of this chapter.
(e) Any storm water discharger who must be monitored by the City for enforcement and/or compliance shall be liable for the associated costs.
(f) Enforcement remedies provided for in this chapter are not exclusive. The City may take all, or any combination of these actions against a party as well as any other enforcement deemed necessary.
(g) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney. The cost of such abatement and restoration shall be borne by the owner of the property. Cost recovery plus additional fees shall be assessed and shall be the responsibility of the property owner.
(h) If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City shall so declare it a public nuisance and pursue additional orders.
(i) Whenever an area of land, including but not limited to a construction site, is deemed a public nuisance and abatement of the violation does not occur, the Director or his designee may order any or all work to be immediately stopped. The stop work order will be in writing and directed to the person that appears to be doing the work and/or the property owner, unless the determination to stop work is made in the field. In this case stop work orders may be given orally and will be reduced to writing within 24 hours. The orders will state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop work order constitutes a misdemeanor of the third degree, as defined in Chapter 5, General Offenses Code, Section 501.99.
(Ord. 607-07. Passed 10-2-07.)