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2011_0926_packet
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2011_0926_packet
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370 stop an actual or threatened discharge that presents or may present imminent and <br />371 substantial danger to the environment,, to the heath or welfare of persons, to the storm <br />372 sewer or waters of the state. If the violator fails to comply with a suspension order issued <br />373 in an emergency, the city may take such steps as deemed necessary to prevent or <br />374 minimize damage to the storm sewer system or the waters of the state,, or to minimize <br />375 danger to persons. <br />376 2. Suspension due to the detection of illicit discharge.- All persons discharging to the MS4 in <br />377 violation of this ordinance may have their access terminated if such termination serves to <br />378 abate or reduce an illicit discharge. It is a violation of this ordinance to reinstate access to <br />379 premises that have been terminated pursuant to this section without the prior approval of <br />380 the City. <br />381 N. Enforcement <br />382 1. Notice of Violation.- A violation of this ordinance is a Public Nuisance. When it has been <br />383 determined that a person has violated a prohibition or failed to meet a requirement of this <br />384 Ordinance,, the Public Works Director may order compliance by written notice of <br />385 violation to the person(s) responsible for the violation. Such notice may require without <br />386 limitation.- <br />387 a. The performance of monitoring, analysis, and reporting; <br />388 b. The elimination of illicit connections or discharges; <br />389 c. That violating discharges, practices, or operations shall cease and desist; <br />390 d. The abatement or remediation of storm water pollution or contamination hazards and <br />391 the restoration of any affected property; <br />392 e. Payment of a fine to cover administrative and remediation costs; <br />393 f. The implementation of source control or treatment BMPs; <br />394 g. The development of a corrective action plan to prevent repeat discharges; and/ or <br />395 h. Any other requirement deemed necessary. <br />396 If abatement of a violation and/ or restoration of affected. property is required., the notice shall set <br />397 forth a deadline within which such remediation or restoration must be completed.. Said. notice shall <br />398 further advise that, should. the violator fall to remediate or restore within the established. deadline, <br />399 the work will be done by a desi, nated. governmental agency or a contractor and. the expense thereof <br />400 shall be charged. to the violator. <br />4O1 2. Appeal of Notice of Violation.- Any person receiving a Notice of Violation may appeal <br />402 the determination of the Public Works Director. The notice of appeal must be received <br />403 within 7 days from the date of the Notice of Violation. Hearing on the appeal before the <br />404 City Manager or his/her designee shall take place within 15 days from the date of receipt <br />405 of the notice of appeal. The decision of the City Manager or his/ her designee shall be <br />406 final. <br />407 3. Enforcement Measures after Appeal.- If the violation has not been corrected pursuant to <br />408 the requirements set forth in the Notice of Violation, or, in the event of an appeal, within <br />409 7 days of the decision of the City Manager upholding the decision of the Public Works <br />410 Director,, then city representatives shall have the right to enter upon the subject private <br />411 property and are authorized to take any and all measures necessary to abate the violation <br />41 and/or restore the property. It shall be unlawful for any person,, owner,, agent or person in <br />413 possession of any premises to refuse to allow city representatives to enter upon the <br />414 premises for the purposes set forth above. <br />415 4. Cost of Abatement of the Violation.- Within 15 days after abatement of the violation, the <br />416 person(s) responsible for the violation will be notified of the cost of abatement, including <br />417 administrative costs. The person(s) given such notice may file a written protest objecting <br />418 to the amount of the costs within 7 days. If the amount due is not paid within a timely <br />
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