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d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; e. Payment of a fine to cover administrative and remediation costs; f. The implementation of source control or treatment BMPs; g. The development of a corrective action plan to prevent repeat discharges;and/or h. Any other requirement deemed necessary. Jf abatement of a violation and/or restoration of affected property is required,the notice shall set forth_ ,-J Formatted:Font:12 pt a deadline within which such remediation or restoration must be completed. Said notice shall further advise that,should the violator fail to remediate or restore within the established deadline,the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 2. Appeal of Notice of Violation: Any person receiving a Notice of Violation may appeal the determination of the Public Works Director.The notice of appeal must be received within 7 days from the date of the Notice of Violation.Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal.The decision of the City Manager or his/her designee shall be final. 3. 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 7 days of the decision of the City Manager upholding the decision of the Public Works Director,then city representatives shall have the right to 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 city representatives to enter upon the premises for the purposes set forth above. 4. Cost of Abatement of the Violation: Within 15 days after abatement of the violation,the person(s) responsible for the violation will be notified of the cost of abatement,including administrative costs. The person(s)given such notice may file a written protest objecting to the amount of the costs within 7 days.If the amount due is not paid within a timely manner as determined by the decision of the City Manager or by the expiration of the time in which to file an appeal,the amount due shall constitute a lien upon,and the City shall have the right to assess such cost against the property owned by such violator(s)pursuant to Minnesota Statute§429.101. 5. Injunctive Relief: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance,the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 6. Compensatory Action: In lieu of enforcement proceedings,penalties,and remedies authorized by this Ordinance,the City may impose upon a violator alternative compensatory action such as storm drain stenciling,attendance at compliance workshops,creek cleanup,etc. 7. Violations Deemed a Public Nuisance: In addition to the enforcement processes and penalties provided,any condition caused or permitted to exist in violation of any of the provisions of this Ordinance 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 compel the cessation of such nuisance may be taken. 8. Criminal Prosecution:A violation of this ordinance is a misdemeanor. 9. Costs and Expenses:The City may recover all attorney's fees,court costs,staff expenses,clean-up costs,and any other expenses associated with enforcement of this ordinance including,but not limited to,sampling and monitoring expenses. 10.Remedies Not Exclusive: The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal,state or local law and it is within the discretion of the City to seek cumulative remedies. (Ord. 1388,2-22-2010)