A. Notice: Whenever the stormwater inspector finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the stormwater inspector 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 stormwater pollution or contamination 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. Infractions; Penalties:
1. Monetary Penalties will be overseen by the stormwater inspector in conjunction with the City manager and City council.
2. Minor Violations: In minor violations a penalty for infractions may be implemented. Such penalty shall be consistent with the severity of the violation and shall not exceed seven hundred fifty dollars ($750.00). Penalties for specific infractions are established by resolution through the city council.
3. Criminal Penalties First Offense: Any person violating the provisions of this chapter for the first time may be assessed a class C misdemeanor with a maximum fine of two thousand five hundred dollars ($2,500.00) per day for each violation.
4. Criminal Penalties Second Offense: Any person violating the provisions of this chapter for the second time may be assessed a class B misdemeanor with a maximum fine of five thousand dollars ($5,000.00) per day for each violation.
5. Measuring Civil Penalties: In assessing a civil penalty, the city may consider:
a. The harm done to the public health or the environment;
b. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
c. The economic benefit gained by the violator;
d. The amount of effort put forth by the violator to remedy this violation;
e. Any unusual or extraordinary enforcement costs incurred by the municipality;
f. The amount of penalty established by ordinance or resolution for specific categories of violations; and
g. Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
6. Recovery Of Damages And Costs: In addition to the civil penalty in subsection B4 of this section, the municipality may recover:
a. All damages proximately caused by the violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter or any other actual damages caused by the violation.
b. The costs of the municipality's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.
c. Recovery of costs imposed on the city, including attorney fees, by state or federal entities. Penalties for violations of the UPDES Permit conditions may reach a civil penalty of ten thousand dollars ($10,000) per day of violation.
Any person who willfully or negligently violates the UPDES Permit conditions or the Act is subject to a fine of up to twenty five thousand ($25,000) per day of violation. Second time violations of the UPDES Permit may be fined up to fifty thousand dollars ($50,000) per day of violation.
7. Other Remedies: The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
8. Remedies Cumulative: The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. (Ord. 2012-02, 3-7-2012; amd. Ord. 2018-02, 5-16-2018)