(A) Notice of violation and stop work order.
(1) In the event a permittee has violated the terms of this chapter, the city may order compliance by written notice of violation to the permittee. Such notice may require:
(a) Issuance of a pending stop work order or issuance of a stop work order;
(b) The restoration or installation of new BMP measures;
(c) Payment of a fine; and/or
(d) Revocation or suspension of the erosion control inspection permit.
(2) The city may, without prior notice of stop work order or violation, suspend storm drainage system or MS4 access to a permittee when stormwater discharges present or may present imminent and substantial danger.
(3) The notice of a stop work order due to a violation will:
(a) Be in writing;
(b) Include a description of the property for identification;
(c) Include a statement of the violation(s) and section violated and why the notice or order is being issued; and
(d) Failure to comply with the conditions set forth in this chapter will result in an initial verbal warning. If the violation is not corrected within one day from the verbal warning, a pending stop work order will be issued and a penalty of $50 will be assessed for a re-inspection. After the third day from the initial verbal warning, a stop work order will be issued and an additional penalty of $50 will be assessed for a re-inspection to ensure that the repairs and improvements required to the property are in compliance with the provisions of this chapter.
(4) Reinspection of remedied violations will be assessed a re-inspection fee in accordance with the fee schedule in this chapter.
(5) If the permittee fails to comply with a stop work order, then the WPWD will 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 permittee, owner, agent or person in possession of any premises to refuse to allow the WPWD or its designee to enter upon the premises for the purposes set forth above.
(6) In the event of a stop work order, the city shall not reinstate the erosion control inspection permit or MS4 access to the permittee until the permittee presents proof, satisfactory to the city, that the corrections have been made. The permittee violates this chapter if the permittee reinstates MS4 access to the premises terminated pursuant to this section, without the prior approval of the city.
(7) In addition to the penalties listed above, if construction activities are conducted contrary to the provisions of this chapter, the city may order the work stopped by notice in writing, in the form of a stop work order, served on any permittee engaged in the doing or causing of such work to be done; and any such permittee shall forth with stop such work until authorized by the WPWD to proceed with the work.
(B) Appeal of notice of violation.
(1) Any permittee receiving a notice of violation may appeal the determination of violation to the Council, for rescission of the notice or order, or for a modification, variance or extension of time for compliance on one or more of the following bases:
(a) A stop work order served in accordance with this chapter is in error;
(b) Should, due to hardship, be modified or entitled to a variance from enforcement; or
(c) That a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period.
(2) A request for rescission, modification, variance or extension of time shall be made in writing, within ten days of the permittee’s receipt of a copy of the notice or order, to the city’s Clerk- Treasurer’s office, to be placed on the Council agenda. The Council shall schedule a hearing within 30 days of receipt of the request.
(3) All hearings before the Council shall be open to the public. The permittee, the permittee’s representative, and any persons whose interests are affected shall be given an opportunity to be heard.
(4) At the conclusion of the hearing the Council may reverse, affirm or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Council’s determination and findings of fact shall be recorded and if a notice or order is affirmed or modified, the Council shall, in the determination on appeal, re-establish a reasonable timeline to make the repairs and improvements required to bring the violation into compliance with the provisions of this chapter.
(C) Transfer of ownership. No owner of any premises upon whom a stop work order has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the notice of violation have been complied with, or until such owner first furnishes the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the city and furnishes to the city a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making corrections or repairs required by such notice of violation.
(Prior Code, § 34-115) (Ord. 06-52, passed 11-13-2006; Ord. 15-03, passed 3-9-2015)