Windsor Municipal Code Art. 5 Enforcement

In addition to the enforcement powers set forth in the Town's Code Enforcement Ordinance and elsewhere in this chapter, the Public Works Director may exercise any of the following enforcement powers as may be necessary to effectively implement and enforce the provisions of this chapter:

a. Notice of Violation. Whenever the Public Works Director or designee finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the Public Works Director or designee may issue a notice of violation. Within the time set forth in the notice of violation, the person shall submit to the Public Works Director an explanation of the violation and a plan for the satisfactory abatement, correction, and prevention thereof.

b. Cease and Desist Order. When the Public Works Director or designee finds that a discharge has taken place or threatens to take place in violation of this chapter or any order or permit issued pursuant to this chapter, the Public Works Director or designee may issue an order to cease and desist such discharge, or the activities or operations likely to cause such discharge, and direct that those persons not complying shall:

1. Immediately discontinue any action constituting a violation of this chapter;

2. Comply with a time schedule;

3. Immediately contain or divert any flow of non-stormwater off the premises where the flow is occurring in violation of any provision of this chapter;

4. Clean up the area affected by the violation; and/or

5. Implement BMPs necessary to prevent future violations.

c. Stop Work Order. Whenever any work is being done contrary to the provisions of this chapter or any order or permit issued pursuant to this chapter, the Public Works Director or designee may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Public Works Director or designee to proceed with the work.

d. Compliance Orders. Whenever the Public Works Director or designee finds that a person has violated or is violating any provision of this chapter or any order or permit issued pursuant to this chapter, the Public Works Director may issue a compliance order requiring any of the following actions:

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 storm water pollution or contamination hazards and the restoration of any affected property;

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

6. The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property are required, the order shall set forth a deadline within which such remediation or restoration must be completed. Said order shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Town or a contractor designated by the Town, and the expense thereof shall be charged to the violator.

e. Delivery of Notice. Any notice of violation, cease and desist order, stop work order or compliance order shall be subject to the following:

1. The notice or order shall state that the recipient has a right to appeal the matter as set forth in Section 9-4-505.

2. Delivery shall be deemed complete upon (i) personal service to the recipient; (ii) deposit in the United States Mail, postage prepaid for first class delivery; (iii) facsimile service with confirmation of receipt or (iv) e-mail service with confirmation of receipt.

3. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll or as otherwise appears in the current records of the Town.

4. Where the owner or occupant of any property cannot be located after the reasonable efforts of the Public Works Director or designee, a notice of violation, cease and desist order, stop work order, or compliance order shall be deemed delivered after posting on the property for a period of 10 business days.

f. Civil Action. Any violation of this chapter may be enforced by civil action brought by the Town. In any such action, the Town may seek, as appropriate, any or all of the following:

1. A temporary restraining order, preliminary and permanent injunction;

2. Reimbursement 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 administrative action under this chapter;

3. Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation;

4. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages recovered under this section shall be paid to the Town and shall be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control system(s) and implementing or enforcing the provisions of this chapter.

(Ord. No. 2016-303, § 6, 12-7-2016)

Editor's note— Ord. No. 2016-303, § 6, adopted Dec. 7, 2016, repealed the former § 9-4-500 and enacted a new § 9-4-500 as set out herein. The former § 9-4-500 pertained notice of violation and derived from Ord. No. 2008-249, § 3 (part).

Any person receiving a notice of violation, cease and desist order, stop work order, or a compliance order under the provisions of Section 9-4-502, may appeal the determination of the Public Works Director or designee to the Town Manager by filing an appeal with the Town Clerk within seven (7) calendar days of the date of service of the notice or order. Hearing of the appeal by the Town Manager shall take place within 30 calendar days from the date of Town's receipt of the notice of appeal. The decision of the Town Manager may be appealed to the Town Council pursuant to the procedures set forth in Section 1-1-252 of the Town's Code Enforcement Ordinance. The decision of the Town Council shall be final.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 7, 12-7-2016)

If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or in the event of an appeal under Section 9-4-505, within ten (10) days of the decision upholding the decision of the Public Works Director or designee, the Town or designated contractor may enter upon the subject private property and be authorized to take any and all measures necessary to abate the violation and/or restore the property. Should any person, owner, agent or person in possession of any premises refuse to allow the Town or designated contractor to enter upon the premises for the purposes set forth above, the Town or designated contractor shall obtain a warrant to enter the subject property.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

Within thirty (30) days after abatement of the nuisance by Town, the Public Works Director or designee shall notify the property owner of the cost of abatement, including administrative costs (including but not limited to staff costs and attorneys fees). The property owner may file a written protest objecting to the amount of the assessment with the Town Clerk within fifteen (15) days of said notification. The Town Clerk shall set the matter for hearing by the Town Council. The decision of the Town Council shall be set forth by resolution and shall be final.

If the amount due is not paid within ten (10) days of the decision of the Town Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

The Public Works Director or designee is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the Town 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 Town shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent Town from seeking other and further relief authorized under this chapter.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

a. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor.

b. Any person who submits a report required by this chapter, which she or he knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the Town may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the Town for noncompliance with the municipal storm water discharge permit.

c. Every day or any portion thereof any violation of this chapter continues shall constitute a separate offense.

d. Concealing, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. No. 2008-249 § 3 (part))

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the Public Works Director or designee may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(Ord. No. 2008-249 § 3 (part); Ord. No. 2016-303, § 2, 12-7-2016)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused 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 Town at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the Town.

(Ord. No. 2008-249 § 3 (part))

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. No. 2008-249 § 3 (part))

The remedies identified in this chapter are in addition to and do not supersede or limit any and all other damages or remedies, civil or criminal. The remedies provided in this chapter shall be cumulative and not exclusive.

(Ord. No. 2008-249 § 3 (part))