2009-11-24_PWETC_AgendaPacket - Laserfiche WebLink

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suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or the waters of the state, or to minimize danger to persons. 2. Suspension due to the detection of illicit discharge: All persons discharging to the MS4 in violation of this ordinance may have their access terminated if such termination serves to abate or reduce an illicit discharge. It is a violation of this ordinance to reinstate access to premises that have been terminated pursuant to this section without the prior approval of the City. N. Enforcement 1. NOTICE OF VIOLATION. A violation of this ordinance is a Public Nuisance. When the City finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the auger-wed ~~ Y^°-••°-•* 'g~eyPublic Works Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (i} The performance of monitoring, analysis, and reporting; (ii) The elimination of illicit connections or discharges; (iii) That violating discharges, practices, or operations shall cease and desist; (iv) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (v) Payment of a fine to cover administrative and remediation costs; and (vi) The implementation of source control or treatment BMPs; and (vii) Any other requirement deemed necessary. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth 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 •'''^~~°a °~•~^T^°-"°~' "~°"^`=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 appropriate municipal authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their 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 municipal authority upholding the decision of the ^••*'~^r~°a °-•r^-'^°-•~•°~•* '^°-•^•~Public Works Director, then representatives of the ^••'''^-~~°a °„~ ..,,°-•~•°^+ ^^°~•^~~City 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. 4. COST OF ABATEMENT OF THE VIOLATION: Within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ~-7 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 lien on the property for the amount of the assessment. 5. INJiJNCTIVE 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 '••'''^ry~°a °^~ ~^°••~•°•'' "'°"^"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 ~••'~•^ri~°a °•~~ ~'°Y•'•°^' '^°"^'~City may impose upon a violator alternative Page 6 of 7