2023 10-17 CC PACKET - Laserfiche WebLink

Home

City of Gem Lake will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Gem Lake for a reconsideration and hearing. 5. A person commits an offense if the person reinstates MS4 access to premise terminated pursuant to this Section, withoul the prior approval of the City of Gem Lake. in ii _ . Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the City of Gem Lake shall deem appropriate, after the City of Gem Lake has taken one ar more of the actions described above, the City of Gem Lake may impose a penalty not to exceed S 1,000.00 (depending on the severity of the violation) for each day the violation remains un-remedied after receipt of the notice of violation. 44 18 Criminal Penalties. Any person violating any aft he provisions of ibis Section shall be guilty ofa misdemeanor and upon conviction thereof shall be punished by a fine of not more than 51.000.00 or by imprisonment for not to exceed ninety (90) days or both. lk I°+ Appeal of Notice of Violation. Any person rec6vinga Notice of Violation may appeal the determination ofIlie City of Gem Lake. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation, except in the instance where a Cease and Desist Order is issued as described in Section 13, then the notice ofappeal must be received within ten (10) days from the date ofthe Cease and Desist Order. Hearing on the appeal before the appropriate authority or his0ter designee shall take place within thirty (30) days from Ilie dale of receipt of the notice ofappeal. The decision of the municipal authority or I hei r designee shall be Final. +'-?YI Enforcement Measures after AppeaL ff the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event ofan appeal, within ten (10) days of the decision of the municipal authority upholding the decision of the City of Gem Lake, then representatives of the City of Gem Lake shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. it shall be un!awful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. ++.'1 Cost of Abatement of the Violation. Within forty-five (45) days after abasement of the violation- the owner of the property will be. notified of ilie cost of abatement, including ad min istraiive costs. The property owner may file a written protest objecting to the amount of the assessment within shirty (30) days. If the amount due is not paid within a finely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of 1lie provisions of this article shall become liable to the City ofGem Lake by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments, lnlerest at the rate of eight (8) percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation. -�} " Vialations Deemed a Public Nnisamce. In addition to the enforcemenl processes and penalties provided, any condition caused or permitted to exist in violation ofany of the provisions of this Section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compe] the cessation of such nuisance may be taken. 2-?2; Remedies Not Exclusive. The remedies Iisted in Ihis section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of f he authorized enforcement agency to seek cumulative remedies. The City ofGem Lake may recover all anorney's fees court costs and other expenses associated with enforcement of f his ordinance, including sampling and monitoring expenses. '1 _ . Effective Date. This section shall take effect and be in force from and after its passage and publication. Updared Augc i 17. 2018 Gem lake C'onsolidaled Land (Lea Ordinance Na 131- Page 136