(a) When the Executive Director finds that a discharge has taken place or is likely to take place in violation of this article, the Executive Director will first provide a verbal warning to the person creating the situation once observed. If unable to provide a verbal warning or if this issue is not addressed in a timely manner, the Executive Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall comply with the requirement and comply with a time schedule for compliance. The Executive Director shall provide notice to one in violation of this article by personal notice or certified mail, return receipt requested. Said notice shall state the nature of the violation, the potential penalty, the action required to correct the violation, and the time period within which the corrective action must be taken.
(b) If, after receipt of proper notice, a violator fails to timely make the required corrections, the Executive Director may enter upon the subject property and make said corrections. The costs of correction may be recovered in a civil action brought against the violator on behalf of the City.
(c) In the alternative, and at the discretion of the Utility Board and/or the Executive Director, a violator may be assessed a monetary fine, payable to the operating fund of the stormwater utility, in accordance with the following schedule:
(1) First violation: $250.00 and notice to correct.
(2) Second violation and/or failure to correct: $500.00.
(3) Third violation and/or continued failure to correct: $1,000.
The Executive Director shall ensure that there is a reasonable time between a notice to correct and a subsequent sanction for failure to correct.
(d) These sanctions may be assessed against any user of the municipal separate storm sewer system within the City watershed. The Municipal Court of the City of Vienna shall be the venue for violations occurring within the City political boundaries. The Wood County Magistrate Court shall be the venue for violations occurring within the City watershed and outside the political boundaries of the City.
(Ord. 09-16. Passed 12-22-16.)