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1020.10 Suspension due to Illicit Discharges in Emergency Situations. The City may, without prior <br /> notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or <br /> threatened discharge which presents or may present imminent and substantial danger to the environment, <br /> or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to <br /> comply with a suspension order issued in an emergency, the City may take such steps as deemed <br /> necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize <br /> danger to persons. <br /> 1645.02 Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in <br /> violation of this ordinance may have their MS4 access terminated if such termination would abate or <br /> reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access. <br /> The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person <br /> commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, <br /> without the prior approval of the City. <br /> 1020.11 Enforcement <br /> Subd. 1 Notice of Violation. A violation of this ordinance is a Public Nuisance. Whenever the <br /> City finds that a person has violated a prohibition or failed to meet a requirement of this <br /> Ordinance, the City may order compliance by written notice of violation to the responsible <br /> person. Such notice may require without limitation: <br /> A. The performance of monitoring, analyses, and reporting; <br /> B. The elimination of illicit connections or discharges; <br /> C. That violating discharges,practices,or operations shall cease and desist; <br /> D. The abatement or remediation of storm water pollution or contamination hazards <br /> and the restoration of any affected property; and <br /> E. Payment of a fine to cover administrative and remediation costs; and <br /> F. The implementation of source control or treatment BMPs. <br /> If abatement of a violation and/or restoration of affected property is required, the notice shall set <br /> forth a deadline within which such remediation or restoration must be completed. Said notice <br /> shall further advise that, should the violator fail to remediate or restore within the established <br /> deadline, the work will be done by a designated governmental agency or a contractor and the <br /> expense thereof shall be charged to the violator. <br /> Subd. 2 Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal <br /> the determination of the City. The notice of appeal must be received within 7 days from the date <br /> of the Notice of Violation. Hearing on the appeal before the City Administrator or his/her <br /> designee shall take place within 15 days from the date of receipt of the notice of appeal. The <br /> decision of the municipal authority or their designee shall be final. <br /> Subd. 3 Enforcement Measures After Appeal. If the violation has not been corrected pursuant to <br /> the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 7 days <br /> of the decision of the City Administrator upholding the decision of the City, then representatives <br /> of the City shall enter upon the subject private property and are authorized to take any and all <br /> measures necessary to abate the violation and/or restore the property. It shall be unlawful for any <br />