§ 8.38.090. Enforcement.

A.

Enforcement officers may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance or noncompliance with the municipal NPDES permit, including the prohibition of non-stormwater discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determine the concentrations of pollutants in stormwater and non-stormwater runoff. The inspections may include but are not limited to:

1.

Inspecting efficiency or adequacy of construction or post construction BMPs;

2.

Inspecting, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;

3.

Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;

4.

Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and

5.

Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge.

B.

Facility Inspections. Commercial and industrial facilities must be periodically inspected by city enforcement officers. Inspections will be conducted no less than twice during the term of the municipal NPDES permit and as often as necessary as the city deems appropriate to verify compliance with this chapter.

C.

Violations Deemed a Public Nuisance.

1.

Any condition caused or permitted to exist in violation of any of the provisions of this chapter or the municipal NPDES permit is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance and may be abated or restored by any 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.

2.

The cost of such abatement and restoration will be borne by the owner of the property and the cost thereof will be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

3.

If any violation of this chapter or the municipal NPDES permit constitutes a seasonal and recurrent nuisance, the city manager will so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this subsection will constitute a public nuisance and violation of this chapter.

D.

Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter or the municipal NPDES permit will constitute a violation of such provision.

E.

Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter or the municipal NPDES permit may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:

1.

A temporary and 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; and/or

4.

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

F.

Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the city may utilize the following administrative remedies:

1.

Cease and Desist Orders. When an enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter or the municipal NPDES permit, 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 must:

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 enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, solid waste or any other material of any kind that may cause pollution, 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 MS4 or a non-stormwater discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, solid waste or other material that may cause pollution, in any manner that the officer may reasonably deem necessary. The recipient of such notice must undertake the activities described in the notice.

G.

Penalties. Violation of this chapter or the municipal NPDES permit is punishable as a misdemeanor as set forth in section 1.24.010 of this Code. Each day that a violation continues constitute a separate offense.

H.

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.

I.

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

(Ord. No. 698, § 2(Exh. A), 5-26-2015)