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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. S. A person commits an offense if the person reinstates MS4 access to premise terminated pursuant to this Section, without the prior approval of the City of Gem Lake. 14� 11 Civil Penalties. In the event the alleged violator fails to We the remedial measures set forth in the notice of violation or otherwise fails to cure the vi6atiom described therein within ten (10) days, or such greater period as the City of Gem Lake shall deem appropri ale, after the City of Gem Lake has taken one or more of the actions described above, the City of Gem Lake may impose a penalty not to exceed $ 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. -p-1 N Criminal Penalties. Any person violating any of the provisions of this Section shall be guilty of misdemeanor and upon conviction thereof shall be punished by a tine of not more than S 000,00 or by imprisonment for not to exceed ninety (90) days or both- iX I4 Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the City of Gem Lake- The notice of appeal must be received within thirty (30) days from the date of the Notice of V iolation, 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 of the Cease and Desist Order. Hearing on the appeal before the appropriate authority or hisrher designee shall take place within thirty (30) days from the date of receipt of she notice of appeal. The decision of the municipal authority or their designee shall be final- lu '�l Enforcement Measures after Appeal- If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days ofthe decision of the municipal authority upholding the decision of the City of Gem Lake, then representatives of The City of Gem i..ake 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 unlawful 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 - As 21 Cost of Ahaeement of the N'iulatioFL W ithin torty-five (45) days alter abatement of ilie violation, the owner of IIlL property will be notified ofthe cost of abatement, inclndingadmfnisirative costs. The piopeny owner may foie a written protest objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid within a timely 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 I ien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Gem Lake by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest 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- G iolations Deemed a Public Nuisance. in addition to the enforcement processes and penalties provided, any condition caused or pennitted to exist in violation of any of the provisions of this Section is a threat to public health, sa fely, and wel fare, 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 compel the cessation of such nuisance may be taken. ' t Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, slate or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. The City of Gem Lake may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. = ' I,. , Ef ertive Date. This section shall take effect and be in force from and after its passage and publication. tWwed Angiat 17, 2018 Gear Lake 0ws4idared Laval (Ise Clvrfmawe Na. 131— Page M