(a) When the Director finds that a discharge or action has taken place or is likely to take place in violation of this Article, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall comply with the requirement and comply with a time schedule for compliance. The Director shall provide notice to one in violation of this Article by personal notice or certified mail, return receipt requested. Said notice shall state the nature of the violation, the potential penalty, the action required to correct the violation, and the time period within which the corrective action must be taken.
(b) If, after receipt of proper notice, a violator fails to timely make the required corrections, the Director may enter upon the subject property and make said corrections. Prior to beginning work, the Director shall present to the violator a good faith estimate of the cost of repair, which estimated cost shall be paid by the violator. Upon completion of construction, the actual cost shall be reconciled with the estimated cost, and the violator shall pay the balance due or be refunded the amount overpaid. In the event the violator refuses to pay the estimated or final actual cost, the cost of correction may be recovered in a civil action brought against the violator on behalf of the City.
(c) In the alternative, and at the discretion of the City and/or the Director, a violator of this Article may be assessed a monetary fine, payable to the operating fund of the stormwater utility, in accordance with the following schedule:
(1) First violation: Notice to Correct.
(2) Second violation and/or failure to correct: $200
(3) Third violation and/or continued failure to correct: $1,000
(4) Fourth violation and/or continued failure to correct: $2,500.
(d) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Article shall be considered a threat to the public health, safety, welfare and/or the environment be declared and deemed a nuisance by the Director and may be summarily abated and/or restored by the Director and/or civil action taken to abate, enjoin or otherwise compel the cessation of such nuisance.
(e) The cost of such abatement and/or restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.
(f) If any violation of this Article constitutes a seasonal and recurrent nuisance, the Director shall so declare thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further declaration.
(g) In any administrative or civil proceeding under this Article in which the City or its agent prevails, the City or its agent may be awarded all costs of investigation, administrative overhead, engineering fees, out-of-pocket expenses, costs of administrative hearings, costs of suit and reasonable attorneys' fees.
(h) These sanctions may be assessed against the user of the municipal separate stormwater system within the City watershed. The Municipal Court shall be the venue for violations occurring within the City political boundaries. The Putnam County Magistrate Court shall be the venue for the violations occurring within the City watershed and outside the political boundaries of the City. (Ord. 2016-2017-7. Passed 1-10-17.)