Loading...
DIVISION 4.
ENFORCEMENT
ENFORCEMENT
(a) Upon discovery of a violation of this article, authorized representatives may issue to the violator a written notice stating the nature of the violation, the corrective action required, the time frame for corrective action, and the penalties for continued non-compliance. The notice shall be served either by personal service or certified mail, upon the owner, the owner's agent, the occupant, or the lessee. The notice may also require the violator to:
(1) Submit a Corrective Action Plan utilizing Best Management Practices to an authorized representative indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance schedule;
(2) Allow installation and operation of sampling and monitoring devices and pay all costs of installation, as well as costs for laboratory sample analysis, and submit results to the authorized representative;
(3) Clean up any material that has left the property or has the potential to impact stormwater runoff, ensure that the clean up has been completed, and make changes in operations to prevent future violations;
(4) Obtain and pay for the services of a qualified person to provide oversight and certify that corrective actions needed to resolve the violation have been completed;
(5) Prepare and implement a Corrective Action Plan utilizing Best Management Practices to prevent stormwater pollution, regardless of AZPDES/NPDES requirements. Depending on site conditions, the manager may require that the corrective action plan be prepared by a qualified person or prepared and certified by an engineer;
(6) Stop work on clearing, dredging, grading, excavating, storing, transporting, and/or filling of land, new construction, improvements, alterations, or additions;
(7) Stop any activity that is in violation of this article;
(8) Abate, within the time specified in the notice, any condition that is in violation of this article; and
(9) Abate immediately any condition in violation of this article, if the manager determines that such condition presents an immediate threat to public health, safety, or the environment.
(b) Authorized representatives may approve the compliance schedule or Corrective Action Plan utilizing Best Management Practices submitted by the violator, or may require an alternative compliance schedule or Corrective Action Plan utilizing Best Management Practices. This shall be done within the period specified in the notice.
(c) If the manager discovers a condition that the manager determines is likely to cause or is causing a discharge that is in violation of the city's Municipal Stormwater Permit or that threatens public health, safety or the environment, the manager may require an immediate cessation of activity and abatement.
(Ord. No. 10209, § 3, 10-18-05)
(a) The remedies provided in this section are cumulative and the city may seek one or more such remedies.
(1) It is a civil infraction for any person to violate this article or fail to comply with a notice of violation issued under this article.
(2) It is a misdemeanor for any person to violate this article or fail to comply with a notice of violation issued under this article.
(3) Any person violating this article shall be liable to the city for all damages, costs, fines and penalties incurred by the city as a result, and shall defend, indemnify, and hold harmless the city against any resulting claims, liabilities or damages.
(b) Upon a finding that any person has violated this article, the court shall issue an order or, in the case of a criminal conviction, terms of probation, requiring the violator to do any or all of the following as appropriate:
(1) Submit a plan to an authorized representative indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance schedule;
(2) Allow installation and operation of sampling and monitoring devices and pay all costs of installation and laboratory sample analysis, and submit results to the authorized representative;
(3) Clean up any material that has left the property, or has the potential to impact stormwater runoff, ensure that the clean up has been completed, and make changes in operations to prevent future violations;
(4) obtain and pay for the services of a qualified person to provide oversight and certify that corrective actions needed to resolve the violation have been completed;
(5) Prepare and implement a Corrective Action Plan utilizing Best Management Practices to prevent stormwater pollution, regardless of AZPDES/NPDES requirements. Based on site conditions, the manager will determine whether the Corrective Action Plan must be prepared and certified by a qualified person registered with the State of Arizona as a professional engineer, or professional landscape architect; or a qualified person certified by the American Board of Industrial Hygiene, as a certified industrial hygienist.
(6) Stop work on clearing, dredging, grading, excavating, storing, transporting, and/or filling of land, new construction, improvements, alterations, or additions;
(7) Stop any activity that is in violation of this article;
(8) Abate, within the time specified, any condition that is in violation of this article; and
(9) Abate immediately any condition in violation of this article, if the condition presents an immediate threat to public health, safety, or the environment.
(c) The City Court of the City of Tucson shall have jurisdiction to issue to any person violating this article the orders specified in this section, and any other orders necessary to insure compliance with this article. The City Court of the City of Tucson shall have jurisdiction to impose upon any person violating this article the terms of probation specified in this section, or any other terms of probation necessary to insure compliance with this article.
(d) If more than one person is identified as the owner of record, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or property. The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of the responsibility for violations of this article that occurred before the transfer.
(Ord. No. 10209, § 3, 10-18-05)