Laserfiche WebLink
notice, suspend MS4 discharge access to a person when such suspension is necessary to <br /> stop an actual or threatened discharge that presents or may present imminent and <br /> substantial danger to the environment, to the heath or welfare of persons, to the storm <br /> sewer or waters of the state. If the violator fails to comply with a suspension order issued <br /> in an emergency, the city may take such steps as deemed necessary to prevent or <br /> minimize damage to the storm sewer system or the waters of the state, or to minimize <br /> danger to persons. <br /> 2. Suspension due to the detection of illicit discharge: All persons discharging to the MS4 in <br /> violation of this ordinance may have their access terminated if such termination serves to <br /> abate or reduce an illicit discharge. It is a violation of this ordinance to reinstate access to <br /> premises that have been terminated pursuant to this section without the prior approval of <br /> the City. <br /> N. Enforcement <br /> 1. Notice of Violation: A violation of this ordinance is a Public Nuisance. When it has been <br /> determined that a person has violated a prohibition or failed to meet a requirement of this <br /> Ordinance, the Public Works Director may order compliance by written notice of <br /> violation to the person(s) responsible for the violation. Such notice may require without <br /> limitation: <br /> a. The performance of monitoring, analysis, 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 and <br /> the restoration of any affected property; <br /> e. Payment of a fine to cover administrative and remediation costs; <br /> f. The implementation of source control or treatment BMPs; <br /> g. The development of a corrective action plan to prevent repeat discharges; and/or <br /> h. Any other requirement deemed necessary. <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 shall <br /> further advise that, should the violator fail to remediate or restore within the established deadline, <br /> the work will be done by a designated governmental agency or a contractor and the expense thereof <br /> shall be charged to the violator. <br /> 2. Appeal of Notice of Violation: Any person receiving a Notice of Violation may appeal <br /> the determination of the Public Works Director. The notice of appeal must be received <br /> within 7 days from the date of the Notice of Violation. Hearing on the appeal before the <br /> City Manager or his/her designee shall take place within 15 days from the date of receipt <br /> of the notice of appeal. The decision of the City Manager or his/her designee shall be <br /> final. <br /> 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 <br /> 7 days of the decision of the City Manager upholding the decision of the Public Works <br /> Director, then city representatives shall have the right to enter upon the subject private <br /> property and are authorized to take any and all measures necessary to abate the violation <br /> and/or restore the property. It shall be unlawful for any person, owner, agent or person in <br /> possession of any premises to refuse to allow city representatives to enter upon the <br /> premises for the purposes set forth above. <br /> 4. Cost of Abatement of the Violation: Within 15 days after abatement of the violation, the <br /> person(s)responsible for the violation will be notified of the cost of abatement, including <br /> administrative costs. The person(s) given such notice may file a written protest objecting <br />