(a) Notice of Violation.
(1) Whenever the Public Service Director or Designee finds that a person has violated a prohibition or failed to meet a requirement of any part of this chapter, the City may order compliance by written notice of violation to the responsible person. Such notice may include but is not be limited to the following:
A. The performance of monitoring, analyses, and reporting;
B. The elimination of illicit connections or discharges;
C. The elimination of causes of violations pertaining to the requirements set forth in the Ohio EPA General Construction Storm Water Permit.
D. The elimination of causes of violations pertaining to the requirements set forth for the MS4 operator in the Ohio EPA Municipal Storm Sewer System Permit, also known as the (MS4) General Permit.
E. That violating discharges, practices, or operations shall cease and desist;
F. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
G. Payment of a fine to cover administrative and remediation costs; and
H. The implementation of source control or treatment BMPs.
(2) No person shall violate or cause or knowingly permit to be violated any of the provisions of any subchapter of Chapter 927, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(3) Upon finding a violation of this chapter, the permitting authority may issue a notice of violation, stop order, or corrective order to any person causing or permitting the violation.
(b) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within 15 days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or his or her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.
(c) Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 30 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any owner agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(d) Access to Facilities.
(1) The Public Service Director or Designee may enter a site at any time during normal business hours, and at other reasonable times, to inspect, investigate, or monitor activities subject to this subchapter. If the person in charge of the site does not consent to any entry by the Public Service Director or Designee, the Public Service Director must obtain an administrative search warrant from a court with jurisdiction by showing that reasonable administrative standards for inspecting the site have been met.
(2) The Public Service Director or Designee shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
(3) Facility operators shall allow the Public Service Director or Designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(4) The City shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water or illicit discharge.
(5) The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(6) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Public Service Director or Designee and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(7) If the Public Service Director or Designee has been refused access to any part of the premises from which storm water is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this subchapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this subchapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(e) Penalties. Any person, firm, or corporation violating any of the provisions of the rules and regulations in this subchapter shall be required to take the remedial actions and be subject to civil penalties as follows:
(1) The City shall have the right to recover the lesser of four hundred fifty dollars ($450.00) per day for each day that the violation exists or all damages proximately caused by the violation to the municipality, which may include any reasonable expenses incurred in investigating violations, expenses involved in rectifying any damages, costs and attorney fees incurred by the authorized agency as the result of enforcing violations of this subchapter.
(2) In addition to the above remedial measures, any person, firm or corporation guilty of violating any of the provisions of this subchapter shall be subject to a fine of up to fifty dollars ($50.00) per day for each day the violation exists, beginning the first day of the violation and continuing each day thereafter until the violation is corrected. Each day that a violation of this subchapter exists shall constitute a separate offense.
(3) In addition to the remedies and civil penalties set forth above, the City may bring legal action to enjoin the continuing violation of this subchapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
(4) The remedies and penalties set forth in this subchapter 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. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, if the violator fails to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator through means designated by the permitting authority.
(f) Cost of Abatement of the Violation.
(1) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 30 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(2) Any person violating any of the provisions of this subchapter shall become liable to the municipality by reason of such violation. The liability shall be paid in not more than 12 equal monthly payments. Interest at the rate of 18 percent per annum shall be assessed on the balance beginning on the thirtieth day following discovery of the violation.
(g) Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. If a person has violated or continues to violate the provisions of this subchapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(h) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this subchapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
(i) Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(j) Disclaimer of Liability. Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this subchapter are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(k) Conflicts, Severability, Nuisances and Responsibility.
(1) Where any part of this chapter is in conflict with other provisions of law, regulation, or ordinance, the most restrictive provisions shall prevail.
(2) If any clause, chapter, or provision of any part of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(3) No part of this chapter shall be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.
(4) Failure of City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(5) The Public Service Director or Designee shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Mayor of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.
(6) The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(l) Remedies Not Exclusive. The remedies listed in this subchapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
(Ord. 12-112. Passed 10-22-12.)