9.23.140 Enforcement.
(a) Whenever the city finds that a violation has occurred or a requirement of this chapter has not been met, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit, construction site or polluted storm water discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
(b) If abatement of a violation and/or restoration of affected property are 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.
(c) Stop-Work Order – Revocation of Permit. In the event that any person violates the terms of a permit or implements site development or redevelopment in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the area so as to be materially detrimental to the public welfare or injurious to property or the environment, the city may issue a stop-work order, or suspend or revoke a permit.
(d) Violation and Penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more amount listed in Section 9.23.190 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(e) For projects meeting the state regulatory thresholds, the city may defer to the enforcement actions taken by the WDOE. (Ord. 1799, § 1, 2010.)