[Ord. No. 08-1852 §1, 2-19-2008]
A.
When
the City finds that a person has committed a prohibited act or failed
to meet the requirements of this Chapter, the City's Code Enforcement
Officer or designee may take one (1) or more of the following actions:
[Ord. No. 08-1852 §1, 2-19-2008]
A.
The City
and MSD shall have the right to enter any premises for any of the
following reasons:
B.
If the
City has been refused access to any part of the premises from which
stormwater is discharged and the City is able to reasonably demonstrate
to a court of competent jurisdiction that there may be a violation
of this Chapter or that there is a need to inspect or sample as part
of the City's routine inspections and sampling program, the court
shall grant an order allowing City access to all relevant parts of
a premises.
C.
Any written
notice of violation shall be issued upon the responsible party by
regular U.S. mail or delivered personally to the responsible party,
unless an applicable ordinance or Statute requires a different means
of notice.
D.
A party
alleged to have violated this Chapter shall receive written notice
of the violation, including the nature of the violation and a summary
of the facts that constitute such violation.
[Ord. No. 08-1852 §1, 2-19-2008]
A.
Any violation of this Chapter is subject to those penalties established in Section 100.100 of this Code.
B.
The City
may enter upon private property and take any and all measures necessary
to abate a violation if a court of competent jurisdiction has found
that a violation of this Chapter has occurred and has approved the
action to be taken by the City. The costs of such abatement shall
be assessed to the owner of the property in the same manner provided
for in Section 215.100(D) of this Code.
C.
The City
may suspend MS4 discharge access to stop an actual or threatened discharge
which presents imminent and substantial danger to the environment,
to the health, safety or welfare of any person, to the MS4 or to the
waters of the United States. This suspension may be without notice
if an emergency exists, but a hearing will be held at the next regular
Board of Aldermen meeting following notification to the owner of the
real estate of such violation; such hearing shall determine the existence
of an emergency and that there is a substantial and imminent danger.
D.
The City's
Municipal Court may order the owner of the real estate or the responsible
party for the operations on the real estate to take any or all actions
necessary to comply with this Chapter.
E.
In addition
to any penalties and fines assessed for a violation of this Chapter,
the City may recover reasonable attorney fees, court costs and other
expenses associated with the enforcement of this Chapter, including
sampling and monitoring expenses, and the amount of any actual damages
incurred by the City.
F.
Each
day a violation continues constitutes a new and separate violation.
G.
Any violator
may be required to restore land to its undisturbed condition. In the
event that restoration is not undertaken within a reasonable time
after notice, the City may take necessary corrective action, the cost
of which shall become a lien upon the property until paid and shall
be collected in the same manner provided for in Section 215.100(D)
of this Code.
[Ord. No. 08-1852 §1, 2-19-2008]
A.
The City
shall be granted, at all reasonable times, access to any real estate
subject to this Chapter to inspect any stormwater facility.
B.
When
any new drainage control facility is installed on private property
or when any new connection is made between private property and a
public drainage control system and/or sanitary sewer, the property
owner shall grant to the City the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection. This
includes the right to enter a property when the City has a reasonable
basis to believe that a violation of this Chapter is occurring, has
occurred, or may occur and to enter to correct such violation of this
Chapter.
