Highland Municipal Code Art. IV Enforcement

A. The city engineer, or designated representative, shall be authorized at any reasonable time to enter the premises of any user of the storm drain system to determine compliance with the provisions of this chapter, and to:

1. Conduct inspection, sampling, monitoring and/or other authorized duties to enforce the provisions of this chapter;

2. Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape or copy any applicable information; and

3. Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations.

B. Adequate identification shall be provided by the city engineer, or designated representative, when entering the premises of any user. If such entry is refused or cannot be obtained, the city engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

C. If the city engineer has reasonable cause to believe that nonstormwater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the city engineer shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.

D. Where a user has instituted security measures requiring proper identification and clearance before entry onto the premises, the user shall make all necessary arrangement with its security guards in order that, upon presentation of such identification, duly designated city personnel be permitted to enter the premises without delay for the purpose of performing their authorized duties.

E. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the user to obtain all necessary clearances on behalf of the city so that city inspections are not impaired.

(Ord. 163 § 6, 1993)

A. Whenever the city engineer finds that any user has violated or is violating this chapter, a NPDES stormwater permit or any prohibition, limitation or requirement contained in this chapter, the city engineer may serve upon such person a written notice stating the nature of the violation and stating the penalties for continued noncompliance.

B. If required in the notice, the user shall submit to the city engineer, within a prescribed period specified in the notice, which period shall not be less than 10 working days, unless an emergency situation dictates a shortened period, a plan indicating the cause of the violation, corrective actions which will be taken to prevent recurrence and, if required, a proposed compliance schedule indicating the dates those corrective actions will be completed.

(Ord. 163 § 6, 1993)

A. Whenever the city engineer finds any nonpermitted, prohibited substance, discharge or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm drain system, the city engineer may give notice to remove the nonpermitted, prohibited substance discharge.

B. The industrial/commercial user who receives such notice shall undertake the remediation activities described in the notice.

(Ord. 163 § 6, 1993)

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter.

(Ord. 163 § 6, 1993)

A. Any user may request or the city engineer may order an administrative hearing, at which a user who causes or allows or who has caused or allowed an unauthorized discharge to enter the city storm drain system shall show cause why a proposed enforcement action should not be taken. An administrative hearing officer who is a city official not directly involved in the enforcement of this article shall preside over the administrative hearing at which each party, including the user and the city engineer, shall have the right to present evidence.

B. A notice shall be served on the user specifying the time and place of the hearing regarding the violation, the reasons why the action is to be taken and proposed enforcement action, directing the user to show cause before the hearing officer why proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 working days before the hearing. Service may be made on any agent or officer of the user.

(Ord. 163 § 6, 1993)

The city engineer may require compliance with permit conditions or limitations by issuing administrative orders, enforceable in a court of law or by seeking direct court action. Administrative orders may include stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.

A. Stop Work Order. The city engineer may serve a written stop work order on any person engaged in doing or causing to be done new construction, tenant improvements, alterations or additions, if:

1. A city permit is required and permit has not been granted by the city;

2. Work has begun without prior written approval by the city engineer; or

3. Violations of this article or of any city permit or other permit are found at the site of the new construction, tenant improvements, alterations or additions.

Any person served with a stop work order shall stop such work forthwith until written authorization to continue is received from the city engineer.

B. Cease and Desist Order. When the city engineer finds that any industrial/commercial user has violated or threatens to violate any provisions of this article or NPDES stormwater permit, the city engineer may issue a cease and desist order directing the user to:

1. Comply immediately and remediate any existing condition as directed by the city engineer; or

2. Comply in accordance with a time schedule specified in the cease and desist order.

A cease and desist order may include modifications in frequency of monitoring, testing and submission of self-monitoring reports, or any other provisions deemed necessary by the city engineer to maintain continuing compliance.

C. Termination of Service. When the city engineer finds any industrial/commercial user has violated an administrative order, the city engineer may terminate storm drain service to the user. The user shall be liable for all costs for termination of storm drain service incurred by the user and the city. This provision is in addition to other termination of service for delinquency payment, or for any other reasons. Storm drain service shall be re-instituted by the city engineer after the user has complied with all the provisions of the administrative order. The user shall also be liable for all costs for re-instituting storm drain service.

D. Immediate Termination of Service. The city engineer may immediately suspend storm drain service and any nonstormwater discharge permit when such suspension is necessary, in the opinion of the city engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly causes pollution to the receiving waters, ground and water courses of the city. Any industrial/commercial user notified that storm drain service NPDES permit has been suspended shall immediately stop and eliminate the applicable contributions to the storm drain system.

E. In the event of failure to comply voluntarily with the suspension order, the city engineer shall take steps as deemed necessary, which may include immediate severance of storm drain connections. The industrial/commercial user shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service may be re-instituted by the city engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial/commercial user, describing the cause of the harmful contribution and the measures to prevent any future occurrence shall be submitted to the city engineer within 15 working days of the date of storm drain service termination.

F. The city engineer may adopt a proposed compliance schedule submitted by the user, or may adopt a revised compliance schedule if, in the judgment of the city engineer, the compliance schedule would allow the user to cause harm to the receiving waters and/or city storm drain facilities.

(Ord. 163 § 6, 1993)

A. If any person violates the provisions of this chapter, federal or state NPDES requirement, city permit requirement or any order of the city, the city attorney may commence an action for appropriate legal, equitable or injunctive relief in the municipal or superior court of the county.

B. In addition to the penalties provided in this article, the city may recover all reasonable attorney fees and other expenses of litigation against the person found to have violated any of the provisions of this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued thereunder.

(Ord. 163 § 6, 1993)

A. Any decision of the city engineer or the administrative hearing office may be appealed to the city council in writing, stating reasons why the appeal should be granted. The written appeal must be accompanied with the appropriate fee as set by resolution. The city council may grant or deny the appeal.

B. Any appeal must be made within 10 days of receipt of decision of the city engineer or the administrative hearing officer. The city council may hear appeals directly or, in its sole discretion, may appoint an appeal hearing officer to hear any appeal and make a recommendation to the city council.

C. The decision of the city council on any appeal shall be final. The imposition of fines or penalties shall be stayed during the appeal period unless the city engineer or administrative hearing officer, as applicable, determines that such a stay would threaten the public safety, health or welfare.

(Ord. 163 § 6, 1993)

A. The business license of any industrial/commercial user who is found to have violated an administrative order to comply with any provision of this chapter, NPDES permit or city permit and the rules, regulations and permits under this chapter may be revoked. The industrial/commercial user may also be fined a sum not to exceed $1,000 for each offense, plus any costs or remediation and consultation fees, legal fees and costs incurred by city for the cleanup.

B. Each violation shall be considered a separate and distinct offense, and each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this article, the city may recover all reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter, NPDES permit, city permit or the orders, rules, regulations and permits issued under this chapter.

(Ord. 163 § 6, 1993)

Any person who willfully violates any provision of this chapter or a permit condition; who knowingly violates any stop work order, cease and desist order, termination or immediate termination order, prohibition or effluent limitation; who knowingly makes false statement, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or NPDES permit; or who falsifies, tampers with or knowingly causes inaccuracy in any monitoring device or method required or authorized under this chapter is guilty of a misdemeanor, which is punishable in accordance with Chapter 1.24 HMC.

(Ord. 163 § 6, 1993; Ord. 370 § 35, 2012)

A. Any person who damages monitoring equipment, detrimentally affects the water quality of the United States, significantly increases maintenance of, requires nonroutine inspection or sampling, causes blockages of, damage to, interference with storm drain facilities, or causes any other damage, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties, occasioned thereby.

B. An administrative fee, which shall be fixed by the city manager based on the city's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within 30 calendar days of invoicing.

(Ord. 163 § 6, 1993)

A. In addition to any other penalties, any threat to public health, safety and welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or restored by the city engineer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.

B. The cost of such abatement, remediation and restoration shall be borne by the owner, lessee, or tenant of the property causing the violation. 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. If the lien is not satisfied by the owner of the property within a prescribed amount of time after the completion by the city of the removal of the pubic nuisance and restoration and remediation of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(Ord. 163 § 6, 1993; Ord. 370 § 36, 2012)