§ 62-140. Violations.

(a)

The following are violations of this article:

(1)

Releasing or discharging any pollutant into the storm sewer system or waters of the United States;

(2)

Failing to obtain a federal or state stormwater discharge permit when required by any applicable law;

(3)

Failing to prepare or implement a SWPPP when required by a federal or state permit;

(4)

Failing to use effective BMP devices;

(5)

Malicious or intentional destruction of BMP devices;

(6)

Failing to repair BMP devices;

(7)

Failing to comply with any directive, citation, or order issued under this article;

(8)

Failing to comply with any applicable SWPPP;

(9)

Hindering, interfering with, or obstructing the city officer or his designee in the discharge of his duties under the provisions of this article; or

(10)

Failing to comply or otherwise violating by any mandate, prohibition, or other provision of this article.

(b)

Upon discovery of a violation described in subsection (a) of this section, the city officer shall issue to the owner, operator, and/or any other legally responsible person, discharger, or violator:

(1)

A NOV detailing the nature of the violation; and

(2)

An order detailing:

a.

Actions required to remedy the violation,

b.

Actions required to ensure further violations do not occur, including, but not limited to the installation of BMPs, additional self-monitoring, and/or disconnection from the storm sewer system, and

c.

Specific time periods within which to accomplish said actions.

(c)

Any person violating any provision of this article may be prosecuted in municipal court for such violation. Each day on which noncompliance occurs or continue shall be deemed a separate and distinct violation.

(d)

The city officer is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any owner, operator, and/or any other legally responsible person, discharger, or violator responsible for noncompliance. Such orders shall include specific action to be taken by to correct the noncompliance within a time period specified by the order.

(e)

Notwithstanding other penalties provided by this article, whenever the city officer finds that any owner or contractor on a construction site has violated, or continues to violate, any provision of this article or any order issued hereunder, the city officer may after reasonable notice to the owner or contractor issue a stop work order to the owner and contractors by posting such order at the construction site. Said order shall also be distributed to all city departments and divisions whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the city associated with the building permit, site development plan approval, or any other approval necessary to commence or to continue construction or to assume occupancy at the site. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator.

(Prior Code(2), § 14.07.110; Ord. No. 4182, § 1, 2008)