(A) In the event an entity has violated the terms of this chapter, the city may order compliance by written notice of violation to the entity. Such notice may require without limitation:
(1) The performance of monitoring, analyzing and reporting;
(2) The elimination of illicit connections or illicit discharges;
(3) That illicit discharges shall cease and desist;
(4) The abatement or remediation of the illicit discharge and the restoration of any affected property;
(5) Payment of a fine;
(6) The implementation of source control and/or installation of acceptable BMPs;
(7) Payment of any costs borne by the city, including but not limited to, remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees;
(8) The installation, implementation, and or maintenance of the approved components of a SWPPP or other erosion and sediment control practices as deemed necessary by the city;
(9) Issuance of a stop work order; and/or
(10) Revocation or suspension of the stormwater management permit.
(B) The city may, without prior notice of violation, suspend storm drainage system or MS4 access to an entity in the form of a suspension order when such suspension is necessary to stop an actual or threatened illicit discharge which presents or may present imminent and substantial danger.
(C) The notice of violation or suspension order shall:
(1) Be in writing;
(2) Include a description of the property for identification;
(3) Include a statement of the violation(s) and section violated and why the notice or order is being issued;
(4) Include a description of corrective actions to be taken allowing a sufficient reasonable amount of time, of at least one day from the time the notice of violation or suspension order is given, to make the repairs and improvements required to bring the property into compliance with the provisions of this chapter; and
(5) Include a notice containing the right to appeal the city’s determination to the City Council in accordance with § 54.24.
(D) Reinspection of remedied violations will be assessed a reinspection fee in accordance with the city’s inspection fee ordinance.
(E) If the entity fails to comply with a suspension order or fails to perform steps provided in a notice of violation within the established deadline, then the city may take steps as deemed necessary to prevent or minimize damage or remediate a violation. All reasonable costs associated with the abatement or restoration shall be assessed against the owner of the property and may be filed as a lien against the property in the amount of the assessment. It shall be unlawful for any entity, owner, agent or person in possession of any premises to refuse to allow the city or its designated contractor to enter upon the premises for the purposes set forth above.
(F) In the event of a suspension, the city shall not reinstate suspended services or MS4 access to the entity until the entity presents proof, satisfactory to the city, the illicit discharge has been eliminated and its cause determined and corrected. An entity violates this chapter if the entity reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city.
(G) In addition to the penalties listed above, if construction activities are conducted contrary to the provisions of this chapter or a stormwater management permit, the city may order the work stopped by notice in writing, in the form of a stop work order, served on any entity engaged in the doing or causing of such work to be done, and any such entity shall forthwith stop such work until authorized by the city to proceed with the work.
(Prior Code, § 62-113) (Ord. 05-30, passed 11-14-2005)