2014-10-08 CC Packet - Laserfiche WebLink

Home Browse Search

Administrative orders contain the following components: 1. Title-The title specifies the type of order being issued(see below),to whom it is being issued, summarizes the purpose of the order,and contains an identification number. 2. Legal Authority-The authority under which the order is issued(the Stormwater Management Regulations). 3. The Finding of Noncompliance-All violations must be described including the dates,the specific permit and/or Code provisions violated,and any damages known and attributable to the violation. 4.Required Activity -All orders should specify the required actions, such as installation of BMPs, additional inspections,appearance at show cause hearings,etc. 5. Milestone Dates for Corrective Actions-When compliance schedules are appropriate,all milestone dates must be established including due dates for required written reports. 6. Supplemental Clauses-The document should contain standard clauses providing that: (a) Compliance with the terms and conditions of the administrative order shall not be construed to relieve the owner of its obligation to comply with applicable state,federal or local law,or the permit; (b) Violation of the administrative order itself may subject the owner to additional penalties as set out in the Stormwater Management Regulations; (c) No provision of the order shall be construed to limit the City's authority to issue supplementary or additional orders,or to take action deemed necessary to implement this program or Code; (d) The order shall be binding upon the owner, its officers,directors,agents, employees, successors, assigns,and all persons,firms or corporations acting under,through or on behalf of the owner. Administrative orders may also be used to advise an owner of the need to take,or cease,certain actions,and in such case,may or may not be associated with penalties as defined in the Code or in this guide. Code Citations The Public Works Director or his designate may issue citations charging misdemeanor code violations. Civil Litigation Pursuant to City Code,the Director may,through the City Attorney,petition the appropriate court(s) for issuance of preliminary or permanent injunctions to restrain or compel activities by an owner. Penalties, Administrative or Civil The City Code provides for penalties and deems each day during which an offense occurs as a separate violation. Additionally, the costs of enforcement or correction of a violation may be recovered from the applicant's financial security associated with the permit. If a violation results in conditions requiring the expenditure of public funds for mitigation of damages,a penalty shall be assessed in such amount as to offset the public funds so expended. This will in no way reduce or offset the liability of the owner with respect to damages incurred. Costs of mitigation or damage may be collected in the form of a special assessment pursuant to Minnesota Statute. In cases where criminal acts are suspected by the Director,after consultation with the City Attorney, information shall be gathered and forwarded for criminal prosecution,and if pursued, shall be in C:\Users\tbender\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9NJG4319\Enforcement Response Plan 2014-09-29.doc 72