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)

8-4A-22: MUNICIPAL INFRACTION:

   A.   A violation of this article constitutes a municipal infraction under this code.

   B.   In addition to any fine or penalty, the city may recover all legal fees, court costs and other expenses associated with enforcement of this article, including necessary sampling and monitoring expenses. (Ord. 4762, 3-14-2005)

8-4A-23: REMEDIES NOT EXCLUSIVE:

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the city engineer to seek cumulative remedies if necessary. (Ord. 4762, 3-14-2005)

8-4A-24: ABROGATION AND GREATER RESTRICTIONS:

This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this article and another ordinance, easement, covenant or deed restriction conflict or overlap in jurisdiction, whichever regulation imposes the greater restriction shall be enforced. (Ord. 4762, 3-14-2005)

8-4A-25: SEVERABILITY:

The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of this article. (Ord. 4762, 3-14-2005)

8-4A-26: ULTIMATE RESPONSIBILITY:

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person shall ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into the MS4, waters of the state, or waters of the United States. (Ord. 4762, 3-14-2005)

ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL

SECTION:

8-4B-1: Findings

8-4B-2: Definitions

8-4B-3: Submission And Approval Of Stormwater Pollution Prevention Plan And Other Documents

8-4B-4: Transfer And Termination Of State NPDES General Permits And Stormwater Pollution Prevention Plan Obligations

8-4B-5: Inspection Procedures

8-4B-6: Monitoring Procedures

8-4B-7: Construction Site Runoff (CSR) Permits

8-4B-8: Enforcement

8-4B-9: Appeal

8-4B-10: Severability