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2009-10-27_PWETC_AgendaPacket
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2009-10-27_PWETC_AgendaPacket
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3/29/2010 3:21:48 PM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
10/27/2009
Commission/Committee - Meeting Type
Regular
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4. COST OF ABATEMENT OF THE VIOLATION: Within 15 days after abatement of the violation, the <br />owner of the property will be notified of the cost of abatement, including administrative costs. The <br />property owner may file a written protest objecting to the amount of the assessment within 3 days. If the <br />amount due is not paid within a timely manner as determined by the decision of the municipal authority or <br />by the expiration of the time in which to file an appeal, the charges shall become a special assessment <br />against the property and shall constitute a lien on the property for the amount of the assessment. <br />5. INJUNCTIVE RELIEF: It shall be unlawful for any person to violate any provision or fail to comply <br />with any of the requirements of this Ordinance. If a person has violated or continues to violate the <br />provisions of this ordinance, the authorized enforcement agency may petition for a preliminary or <br />permanent injunction restraining the person from activities which would create further violations or <br />compelling the person to perform abatement or remediation of the violation. <br />6. COMPENSATORY ACTION: In lieu of enforcement proceedings, penalties, and remedies authorized by <br />this Ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory <br />actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. <br />7. VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and <br />penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this <br />Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and <br />may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or <br />otherwise compel the cessation of such nuisance may be taken. <br />8. CRIMINAL PROSECUTION: Any person that has violated or continues to violate this ordinance shall be <br />liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of <br />dollars per violation per day and/or imprisonment for a period of time not to exceed days. <br />The authorized enforcement agency may recover all attorney's fees court costs and other expenses <br />associated with enforcement of this ordinance, including sampling and monitoring expenses. <br />9. REMEDIES NOT EXCLUSIVE: The remedies listed in this ordinance are not exclusive of any other <br />remedies available under any applicable federal, state or local law and it is within the discretion of the <br />authorized enforcement agency to seek cumulative remedies. <br />O. Effective Date. This ordinance is effective immediately upon adoption and publication according to <br />law. <br />Page 6 of 6 <br />
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