1. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
2. Violation of any provision of this chapter may also be enforced as a municipal infraction within the meaning of Section 364.22 of the Code of Iowa, pursuant to Chapter 4 of this Code of Ordinances.
3. Enforcement pursuant to this section shall be undertaken by the enforcement officer upon the advice and consent of the City Attorney.
4. In cases where cooperation for inspections is withheld, construction stop work orders shall be issued by the City until storm water and erosion and sediment control measures meet the requirements of this chapter. An inspection must follow before work can resume.
5. If storm water and/or erosion and sediment control management measures malfunction and breach the perimeter of the site, enter streets, other public areas, or Walnut and North Walnut Creek, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-way from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining permission. If, in the discretion of the City, the applicant does not repair the damage caused by the storm water runoff the City can complete the remedial work required and charge the cost to the applicant. If payment is not made within thirty days, payment will be made from the applicant’s financial securities.
6. The City can take any combination of the following actions in the event of a failure by applicant to meet the terms of this chapter:
A. Withhold inspections or issuance of certificates or approvals;
B. Revoke any permit issued by the City to the applicant;
C. Conduct remedial or corrective action on the development site or adjacent site affected by the failure;
D. Charge applicant for all costs associated with correcting the failure or remediating damage from the failure; if payment is not made within thirty days, payment will be made from the applicant’s financial securities;
E. Bring other actions against the applicant to recover costs of remediation or meeting the terms of this chapter; and
F. Any person, firm or corporation failing to comply with or violating any of these regulations shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both. Each day that a separate violation exists shall constitute a separate offense.