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(a) Notice of Violation. Whenever the City Engineer or his or her designee finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the City of Wayne may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination of hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
(b) Abatement of a Violation. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City of Wayne or its designee at the violator's expense.
(Ord. 2019-03. Passed 4-2-19.)
Any person receiving a Notice of Violation may appeal the determination of the City of Wayne. The notice of appeal must be received within thirty days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or its designee shall take place within fifteen days from the date of receipt of the notice of appeal. The decision of the City of Wayne or its designee shall be final.
(Ord. 2019-03. Passed 4-2-19.)
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 thirty days of the decision of the City of Wayne upholding its decision, then representatives of the City or its designees shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property with consent of the property owner or operator. If consent is not provided, the City may request a warrant from the Court to enter the property to abate and restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City of Wayne or its designee to enter upon the premises for the purposes set forth above.
(Ord. 2019-03. Passed 4-2-19.)
Within thirty days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid within a timely manner as determined by the decision of the City of Wayne or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than twelve equal payments. Interest at the rate of 5% per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
(Ord. 2019-03. Passed 4-2-19.)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated or continues to violate the provisions of this chapter, the City of Wayne 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. 2019-03. Passed 4-2-19.)
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 subchapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense. The City of Wayne may also simultaneously or alternatively initiate a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
(Ord. 2019-03. Passed 4-2-19.)
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