Lincoln Municipal Code Art. V Enforcement

The city manager or designee shall enforce the provisions of this chapter.

(Ord. No. 894B, § 1, 12-9-2014)

Any discharge or illegal connection that is commenced or is conducted contrary to this chapter shall be deemed to be a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by Chapters 1.20 or 8.08 of the Municipal Code.

(Ord. No. 894B, § 1, 12-9-2014)

When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written administrative notice of violation to the person committing the violation. The notice of violation shall contain:

(1) The name and address of the person committing the violation;

(2) The address of the project site or a description of the project site location if an address is not available;

(3) A statement specifying the nature of the violation;

(4) A description of the remedial measures necessary to bring the discharge or illegal connection into compliance with this chapter and a time schedule for the completion of such remedial action;

(5) The violation may require the performance of monitoring, analysis, and reporting;

(6) A statement of the penalty or penalties that shall or may be assessed against the person to whom the violation is directed;

(7) A statement that the determination of the violation may be appealed to the municipality by filling written notice of appeal within fifteen days of services of notice of violation.

(Ord. No. 894B, § 1, 12-9-2014)

Persons responsible for an illegal connection receiving a notice of violation will be required to remove the illegal connection within three business days of receipt of the written violation. If the illegal connection is not removed, the city will remove the illegal connection. The violation and illegal connection termination order will be in effect until the city confirms that the illegal connection has been removed or the city has otherwise approved the connection in writing. Failure to address the notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

(Ord. No. 894B, § 1, 12-9-2014)

Whenever the city finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater or the discharge of prohibited nonstormwater, to the storm drain system or water of the U.S., the city may require, by written notice to the owner of the property and/or the responsible person, that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Sections 13.34.190 through 13.34.230 below.

(Ord. No. 894B, § 1, 12-9-2014)

The city may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or prohibited nonstormwater discharges to the storm drain system or Waters of the U.S., to undertake at said person's expense such monitoring and analyses and furnish such reports to the City of Lincoln as deemed necessary to determine compliance with this chapter.

(Ord. No. 894B, § 1, 12-9-2014)

In addition to, or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be punished by a civil fine in accordance with Chapter 1.20 of the City's Municipal Code.

(Ord. No. 894B, § 1, 12-9-2014)

If correction has not occurred within the time period required by the notice of violation, the continuing violation shall be deemed a public nuisance, and the city or contracting agent hired by the city may abate the nuisance as provided by the City's Municipal Code Section 8.08.

(Ord. No. 894B, § 1, 12-9-2014)

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time notice, the city may take necessary corrective action as provided by the City's Municipal Code Section 8.08.

(Ord. No. 894B, § 1, 12-9-2014)

If a property owner chooses to show why any specific enforcement action does not apply to the conditions on his property he may appeal the enforcement action in accordance with the Municipal Code by writing to the city within ten business days of receiving the enforcement action. The city will respond to the appeal within ten business days. If the property owner is still not satisfied with the outcome of the appeal, he may request a formal hearing regarding the matter being appealed. All abatements may be appealed per the hearing requirements per Section 8.08 of the Municipal Code.

(Ord. No. 894B, § 1, 12-9-2014)