§ 28-248. Enforcement.

(a)

Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this article, the city may order compliance by sending written notice of the violation to the responsible person. Such notice must include the following information:

(1)

The name and address of the alleged violator;

(2)

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action; and

(5)

A statement of the actions that will be taken by the city if there is no compliance with the order.

(b)

Remedial measures. The city may order that any of the following remedial measures be taken:

(1)

The performance of monitoring, analysis, and reporting;

(2)

The elimination of illicit connections or illegal discharges;

(3)

That violating discharges, practices, or operations must cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected premises;

(5)

The implementation of source control or treatment BMPs; and

(6)

Suspension of storm drain access. Any person discharging to the storm drain system in violation of this article may have his or her premises' storm drain system access terminated by the city if such termination will abate or reduce the illegal discharge. No person shall reinstate storm drain access to premises terminated pursuant to this article without the prior approval of the city.

(c)

Emergency cease and desist orders. When the city finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, or that the person's past violation is likely to reoccur, and that the violation has caused or has contributed to an actual or threatened discharge to the storm drain system or waters of the state which reasonably appears to present an imminent or substantial endangerment to the public health, safety or welfare or to the environment, the city may issue an emergency cease and desist order in lieu of a notice of violation to the violator directing him or her to:

(1)

Immediately comply and stop or eliminate the endangering discharge;

(2)

Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including, but not limited to, immediately halting operations or terminating the discharge; and

(3)

Immediately comply with all requirements of this article and other applicable laws and regulations.

In the event of a person's failure to immediately comply with the emergency cease and desist order, the city may take such steps as deemed necessary to prevent or minimize harm to the storm drain system or waters of the state, or endangerment to persons or to the environment, including immediately terminating the facility's water supply, sewer connection, or other municipal utility services. The city may allow the person to recommence the discharge activities when he or she has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless further termination proceedings are initiated against the person under this article. A person that is found by the city to be responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence to the Minnesota Pollution Control Agency within thirty (30) days of receipt of the emergency cease and desist order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, the city taking any other action against the violator.

(d)

Appeal. The offending party may appeal the city's order to the city council. An appeal must be brought in writing no later than ten (10) days from the date of the notice.

(e)

Abatement. If abatement of a violation or restoration of affected premises is required, the order must set forth a deadline within which such remediation or restoration must be completed. Said notice must further advise that, should the offending party 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 may be charged to the violator.

(f)

Payment. In the event that abatement or restoration work is performed by the city, the city may charge the offending party for its costs and expenses associated with the work. If the bill received for abatement or restoration is not paid within thirty (30) days, the city may draw the amount of the bill from any financial guarantees that the city may be holding or may certify the amount to the county for collection with the property taxes.

(g)

Public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.

(h)

Penalty. Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment or both, as specified by M.S. § 609.03. Each additional day that the premises remains in violation of this article shall constitute a separate violation of this article and may be prosecuted accordingly. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this article, including, but not limited to, seeking a civil injunction or a restraining order.

(Ord. No. 2009-13, § 3, 10-13-09)