§ 28-40. Enforcement.

(a)

Notice of violation. Whenever the city's NPDES stormwater permit manager finds that a person has violated a prohibition or failed to meet a requirement of this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person using procedures and processes as set forth for nuisance abatement found in section 10-23 of this Code. Such notice may require without limitation:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit connections or discharges;

(3)

That violating discharges, practices, or operations shall cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Payment of a fine to cover administrative and remediation costs; and

(6)

The implementation of source control or treatment BMPs.

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, should the violator fail 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.

(b)

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency to the special magistrate/code enforcement board using procedures and processes as set forth for hearing and appeal of nuisance abatement found in section 10-24 of this Code. The notice of appeal must be received within twenty (20) days from the date of the notice of violation. Hearing on the appeal before the special magistrate/code enforcement board shall take place within sixty (60) days from the date of receipt of the notice of appeal.

(c)

Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation and within twenty (20) days from the date of said notice of violation, or, in the event of an appeal, within ten (10) days following notice by certified mail with return receipt requested or by delivery to the property owner of a decision of the city upholding the finding 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 person, 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)

Cost of abatement of the violation. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs using procedures and processes as set forth for nuisance abatement and assessment of liens found in section 10-25 of this Code. The property owner may file a written protest objecting to the amount of the assessment within sixty (60) days following receipt of notification of the costs of abatement. If the amount due is not paid within a timely manner as determined by the decision of the special magistrate/code enforcement board 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.

(e)

Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, 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.

(f)

Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the authorized enforcement agency and/or special magistrate/code enforcement board, may impose upon a violator alternative compensatory action, such as stormdrain stenciling, attendance at compliance workshops, lagoon cleanups, etc.

(g)

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 article 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.

(h)

Criminal prosecution. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of two hundred dollars ($200.00) per violation per day. The authorized enforcement agency may recover all attorney fees, court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.

(i)

Remedies not exclusive. The remedies listed in this section 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, including but not limited to:

(1)

The issuance of Class IV citation in accordance with the provisions of chapter 31 of this Code; or

(2)

Enforcement by other means including, but not limited to: a summons; a notice to appear in the county or circuit court; an arrest; an action before the special magistrate/code enforcement board; or a civil action for injunctive relief; or

(3)

Punished in accordance with general penalty set forth in section 1-8 of this Code.

(Ord. No. 1539, § 3, 11-17-2011)