8-4A-13: MONITORING OF DISCHARGES:

   A.   The city engineer, bearing proper credentials and identification, may enter and inspect properties within the city if there is reasonable cause to believe that an illicit discharge to the MS4 is occurring. These inspections may include investigations, monitoring, observation, measurement, enforcement, sampling, and testing, to determine if suspected discharge is in fact illicit.

   B.   The city engineer shall duly notify the owner of said property, or the representative of the owner or other responsible person on site, of the inspection. The inspection shall be conducted at reasonable times during the course of the business day.

   C.   In the event the city engineer reasonably believes that discharges from the property into the MS4 may cause an imminent and substantial threat to human health or the environment, the inspection may take place without notice to the owner of the property or a representative on site. The inspector shall present proper credentials upon reasonable request by the owner or the owner's representative when contacted.

   D.   Upon refusal by any property owner to permit an inspector to enter a site or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas to which no objection is raised. The inspector shall immediately report the refusal, and the grounds of the refusal, to the city engineer. The city engineer may seek appropriate compulsory process.

   E.   The city engineer shall have the right to place devices on the property necessary, in the discretion of the city engineer, to conduct monitoring and/or sampling of discharges. (Ord. 4762, 3-14-2005)

8-4A-14: NOTIFICATION OF SPILLS:

Notwithstanding any other requirements of law, as soon as any person responsible for an activity, operation, or facility, or responsible for emergency response for an activity, operation, or facility, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm water drainage system, waters of the state, or waters of the United States from said activity, operation, or facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city engineer in person or by phone or facsimile no later than five o'clock (5:00) P.M. the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city engineer within three (3) business days of the telephonic notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. (Ord. 4762, 3-14-2005)

8-4A-15: ENFORCEMENT; NOTICE OF VIOLATION:

When the city engineer finds that a person has violated a prohibition or failed to meet a requirement of this article, the city engineer shall notify the property owner or other responsible person in writing. This written notice may be delivered by ordinary mail to the property owner or other responsible person at its last known address. Such notice shall include:

   A.   Name of the property owner;

   B.   Date and the location of the violation;

   C.   Description of the violation;

   D.   Actions that must be taken by the property owner to remedy the violation, including, but not limited to, the elimination of illicit discharges and connections, the performance of monitoring, analyses, and reporting, and the implementation of source control or treatment BMPs;

   E.   Deadline by which the required actions must be completed;

   F.   Notice date;

   G.   Restoration procedures to property, if any; and

   H.   Amount of administrative and remediation fines, fees, or costs, if any. The notice shall also advise that, if the violator fails to take required remedial action within the stated deadline, the work may be done by a designated governmental agency or a private contractor, in either case, at the sole expense of the violator. (Ord. 4762, 3-14-2005)

8-4A-16: APPEAL OF NOTICE OF VIOLATION:

Any person receiving a notice of violation may appeal the determination of the city engineer. The notice of appeal must be received within fourteen (14) days from the date of the notice of violation. Hearing on the appeal before the city council, or other designated committee, shall take place within fourteen (14) days from the date of receipt of the notice of appeal. The decision of the city council shall be considered final. (Ord. 4762, 3-14-2005)

8-4A-17: ENFORCEMENT MEASURES AFTER APPEAL:

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within fourteen (14) days of the decision of the city council upholding the decision of the city engineer, the city engineer shall enter upon the subject property and take measures necessary to abate the violation and/or restore the property to an acceptable condition. It shall be unlawful for any person to refuse to allow the city, or the city's designated contractor, to enter upon the premises for the purposes set forth above. (Ord. 4762, 3-14-2005)

8-4A-18: COST OF ABATEMENT OF VIOLATION:

After abatement of the violation, the owner of the property shall be notified of the cost of abatement, including administrative costs. The property owner may, within thirty (30) days following notice of abatement costs, file a written protest objecting to the amount of the assessment. If the amount due is not paid within a timely manner as determined by the city engineer, the assessment shall constitute a lien on the property pursuant to Iowa Code section 384.84. Any abatement costs not paid in full within thirty (30) days of final determination shall bear interest at the rate of ten percent (10%) per annum until paid in full. (Ord. 4762, 3-14-2005)

8-4A-19: INJUNCTIVE RELIEF:

It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this article. If a person has violated, or continues to violate, the provisions of this article, the city engineer may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 4762, 3-14-2005)

8-4A-20: COMPENSATORY ACTION:

In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the city engineer may impose upon a violator alternative compensatory actions. These actions may include, but are not limited to, storm drain labeling, attendance at storm water pollution prevention compliance workshops, the cleanup of local waterways or creeks, or other activity as determined appropriate by the city engineer. The failure of any person to complete any compensatory actions imposed by the city engineer shall be a violation of this article. (Ord. 4762, 3-14-2005)

8-4A-21: VIOLATIONS DEEMED A PUBLIC NUISANCE:

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Ord. 4762, 3-14-2005)