Article V — ENFORCEMENT

or any order issued hereunder, the Director may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution of the matter whereby any offending violation will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the Director to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.

(Ord. No. 2772, § 1, 5-16-2006)

violation(s) in accordance with this chapter or other County ordinance provisions.

responsible for an illicit connection, prohibited discharge, maintenance of a threatened prohibited discharge, failure to implement BMPs in accordance with Section 20-3, or any other violation of this chapter, a notice of violation.

that continued non-compliance may result in additional enforcement action being taken against the business, facility, or any responsible person.

chapter. The Director may under his/her own discretion extend the date to achieve compliance if good cause exists for such an extension.

during a single inspection or site visit.

upon request, written certification that the necessary corrective action(s) have been taken prior to the specified compliance date. As appropriate for the type of correction action taken, the notice of violation may require proof that substantiates the certification, including but not limited to receipts or photographs. The effective date of the certification shall be the date that it is postmarked.

Section 29-44 of this chapter.

(Ord. No. 2772, § 1, 5-16-2006)

A cease and desist order shall be delivered in

accordance with Section 29-43 hereof. A cease and desist order may direct the owner or occupant of any premises, or any other person responsible for any violation of this chapter, to take any of the following action:

(a)

Immediately discontinue any prohibited discharge to the County storm drainage system;

(b)

Immediately discontinue any other violation of this chapter;

(c)

Clean up the area affected by the violation.

which may lead to a violation of Receiving Water Limitations.

(Ord. No. 2772, § 1, 5-16-2006)

requirements of this chapter shall be subject to the following requirements:

(a)

Delivery shall be deemed complete upon either personal delivery to the recipient or by deposit in the United States mail, postage pre-paid, certified, return receipt requested.

(b)

Where the recipient of the notice or order is the owner of the property, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the property.

(c)

In the event that delivery by certified mail, return receipt requested, cannot be effected or the recipient cannot be personally served, the notice or order shall be deemed delivered after posting on the premises for a period of ten (10) business days.

(Ord. No. 2772, § 1, 5-16-2006)

violation may appeal the determination of the Director to the Board. The notice of appeal must be received by the Clerk of the Board within ten (10) days of the delivery of the notice of violation.

appellant asserts there was an error by the Director.

At the time and place set for the appeal, the Board shall proceed to

hear the testimony of the Director, his/her assistants or deputies, the testimony of the appellant or his/her representatives, and the testimony of other competent persons concerning the conditions constituting the violation, and other matters which the Board may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the Director, and other witnesses. The hearing may be continued from time to time. The Board shall render a written decision thereon, which decision shall be final.

(Ord. No. 2772, § 1, 5-16-2006)

or, in the event of an appeal under Section 29-44.1, within ten (10) days of the decision of the Board upholding the decision of the Director, the County or a contractor designated by the Director shall enter upon the subject private property and is 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 County or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 2772, § 1, 5-16-2006)

property owner of the property of the cost of abatement, including administrative costs in the manner provided in Section 29-43. The property owner may file a written protest objecting to the amount of the assessment with the Clerk of the Board within fifteen (15) days. The Clerk of the Board shall set the matter for public hearing by the Board. At the time and place of the appeal, the Board shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed assessment confirmed or denied, in whole or in part or as modified and revised. The determination of the Board as to all matters contained therein shall be in writing, final and conclusive.

the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

prepared and recorded in the office of the County Recorder of the County of Lake, a notice of lien. Said notice shall contain the following:

(a)

An address, legal description or other description sufficient to identify the premises;

(b)

A description of the proceeding under which the special assessment was made, including the order of the Board confirming the assessment;

(c)

The amount of the assessment;

(d)

A claim of lien upon the described premises.

described premises. Such lien shall be in parity with the liens of State and County taxes.

amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary County taxes are collected and shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary County taxes, and all laws applicable to the levy, collection and enforcement of County taxes are hereby made applicable to such assessment.

(Ord. No. 2772, § 1, 5-16-2006)

constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Director, the County is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the County shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent County from seeking other and further relief authorized under this chapter.

(Ord. No. 2772, § 1, 5-16-2006)

wastewater permit condition imposed pursuant to this chapter is punishable as an infraction by a fine not exceeding two hundred fifty dollars ($250.00); or as misdemeanor by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof on which any violation occurs shall be deemed to constitute a separate offense punishable as herein provided.

(Ord. No. 2772, § 1, 5-16-2006)

If any person violates any provision of this chapter, any order issued pursuant to this

chapter or any wastewater discharge permit condition imposed pursuant to this chapter, the County may commence an action for appropriate legal and/or equitable relief, in any appropriate court. In such an action, the County may seek all appropriate judicial relief including, but not limited to, injunctive relief and damages in the minimum of one thousand dollars ($1,000.00) per violation per day.

criminal judicial relief in connection with the enforcement of this chapter or pursuant to any other state or federal statutory or common law right to such relief.

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 by the County at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by County.

(Ord. No. 2772, § 1, 5-16-2006)

Secs. 29-51—29-59. - Reserved.

If any provision, clause, sentence,

or paragraph of this chapter is for any reason held to be invalid such decision shall not affect the validity of the remaining provisions, clauses, sentences or paragraphs of this chapter.

(Ord. No. 2772, § 1, 5-16-2006)