Sec. 34-105. - Enforcement.

(a)

Penalties. Violation of this article shall be punishable as provided in section 1-10 of this City Code. Each day that a violation continues shall constitute a separate offense.

(b)

Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any section of this article shall constitute a violation of such section.

(c)

Violations deemed public nuisance. The following violations shall be deemed a public nuisance:

(1)

Any condition caused or permitted to exist in violation of:

a.

Any of the provisions of this chapter; or

b.

Any failure to comply with any applicable requirement of an approved SUSMP, LID plan, or stormwater mitigation plan or program with respect to a property; or

c.

Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or

d.

Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SUSMP, LID plan, or stormwater mitigation plan or program, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public

nuisance, and may be abated or restored by any authorized enforcement officer in accordance with the procedures set forth in section 106-1081 et seq. of this city code, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.

(2)

The cost of such abatement and restoration shall be borne by the owner of the property, and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

(3)

If any violation of this article constitutes a seasonal and recurrent nuisance, the Director, or his or her designee, shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this subsection shall constitute a public nuisance and a violation of this article.

(d)

Civil actions. In addition to any other remedies provided in this section, any violation of this article may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:

(1)

A temporary and/or permanent injunction.

(2)

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

(3)

Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

(4)

Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

(e)

Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this City Code, any authorized enforcement officer has the authority to utilize the following administrative remedies:

(1)

Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this article, the officer may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge and direct that those persons not complying shall:

a.

Comply with the requirement;

b.

Comply with a time schedule for compliance; and

c.

Take appropriate remedial or preventive action to prevent the violation from recurring.

(2)

Notice to clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste 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 pollutants entering the city separate storm sewer system or a nonstormwater discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

(f)

Permit revocation. To the extent the city makes a section of this article or any identified best management practice a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this City Code.

(g)

Remedies. Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for in this section shall be cumulative and not exclusive.

(Ord. No. 1642, § 1, 6-15-2015)