Appendix 5510. Enforcement.

(a)

Violations deemed a public nuisance.

(1)

A violation of any provision of this chapter is declared to be a public nuisance, and the city attorney is authorized to abate such violation by means of a civil action in addition to whatever other remedies are available to the city under this code and other applicable laws, rules or regulations. Additionally, the following conditions shall be considered a public nuisance:

a.

Any failure to comply with any applicable requirement of this chapter or the municipal NPDES permit; or

b.

Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or

c.

Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved storm water mitigation plan or an approved SUSMP or approved SWPPP (storm water pollution prevent plan or similar type of approved water quality improvement plan, this chapter, or the municipal NPDES permit.

(2)

The above-listed conditions are hereby determined to be a threat to the public health, safety and welfare, are declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.

(3)

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the authorized enforcement officer shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this section shall constitute a public nuisance and a violation of this chapter.

(b)

Inspections.

(1)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists on any construction site any condition which constitutes a violation of the provisions of this section, the authorized enforcement officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this section.

(2)

Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, discharges of non-storm water to the MS4, discharges which are not pursuant to an NPDES permit, or similar factors.

(3)

Right to inspect. Prior to commencing any inspection as herein below authorized, the authorized enforcement officer shall obtain either the consent of the owner, his/her authorized representative or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

(4)

Entry to inspect. The authorized enforcement officer may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or any other part of the MS4 located within the jurisdiction of the city.

(5)

Compliance assessments. The authorized enforcement officer may inspect property for the purpose of verifying compliance with this chapter, including but not limited to

a.

Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property;

b.

Identifying point(s) of discharge of all wastewater, process water systems and pollutants;

c.

Investigating the natural slope at the location, including drainage patterns and manmade conveyance systems;

d.

Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system;

e.

Locating any illicit connection or the source of prohibited discharge;

f.

Evaluating compliance with any permit issued relating to a discharge to the storm water drainage system.

(6)

Portable equipment. For purposes of verifying compliance with this chapter, the authorized enforcement officer may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

(7)

Records review. The authorized enforcement officer may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, storm water pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the storm water drainage system.

(8)

Sample and test. The authorized enforcement officer may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm water drainage system. The authorized enforcement officer may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The authorized enforcement officer may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

(9)

Monitoring. The authorized enforcement officer may erect and maintain monitoring devices for the purpose of measuring or sampling any discharge or potential source of discharge to the storm water drainage system.

(10)

Test results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the authorized enforcement officer.

(c)

Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(d)

Civil actions. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

(1)

A temporary and/or permanent injunction.

(2)

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

(3)

Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

(4)

Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

(e)

Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement officer has the authority to utilize the following administrative remedies:

(1)

Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:

a.

Comply with the requirement;

b.

Comply with a time schedule for compliance; and

c.

Take appropriate remedial or preventive action to prevent the violation from recurring.

(2)

Notice to clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the municipal storm drain system or a non-storm water discharge to the storm drain system, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

(f)

Penalties. Violation of this section shall be punishable as provided in chapter 1 of article I of this Code. Each day that a violation continues shall constitute a separate offense.

(g)

Permit revocation. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code.

(h)

Remedies. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 15-416, § 2(5511), 5-27-2015)