§ 62-361. Violations, enforcement and penalties.

(a)

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this division. Any person who has violated or continues to violate the provisions of this division, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

(b)

Enforcement.

(1)

In the event the violation constitutes an immediate danger to public health or public safety, city personnel or their agents are authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city shall be entitled to compensation for any expenses involved in abating the violation and/or restoring the property. The city shall have the option of performing the work and placing a lien on the property for recovery of such documented expenses.

(2)

Whenever city personnel finds that a person has violated a prohibition or failed to meet a requirement of this division, department of engineering may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit discharges and illegal connections;

c.

That violating discharges, practices, or operations shall cease and desist;

d.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

e.

Payment of costs to cover administrative and abatement costs, attorney's fees, court costs, and other expenses associated with enforcement of this division, including sampling and monitoring expenses;

f.

Payment of penalty determined in subsection (c) of this section; and

g.

The implementation of pollution prevention practices (i.e., source control or treatment BMPs).

(c)

Penalties. Any person found to be in violation of this division that fails to comply with a compliance directive issued by the city and referenced in section 62-331 shall be punishable as provided in section 1-7.

(d)

Remedies not exclusive. The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

(Ord. No. 5265, § 2, 8-2-2010)