§ 10-392. Notice of violation.

(a)

Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this division. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Actions may be filed in superior court to seek injunctive relief, to seek fines up to $1,000.00 per day per violation, and to seek costs of abatement and attorney's fees and costs for bringing the action.

(b)

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan, or the provisions of this article, it may issue a written notice of violation to such applicant or other responsible person or may take such other actions as are authorized below. Where a person is engaged in activity covered by this article without having first secured a permit therefore, the notice of violation may be served on the owner or the responsible person in charge of the activity being conducted on the site. Persons actually conducting the activity may also be served with a notice of violation.

(c)

The notice of violation shall contain the following:

(1)

The name and address of the owner or the applicant or the responsible person;

(2)

The address or other description of the site upon which the violation is occurring; and

(3)

A statement specifying the nature of the violation, and the time limit to correct the violation.

(d)

The notice of violation may contain the following:

(1)

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this article and the date for the completion of such remedial action;

(2)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

(3)

A requirement for payment of civil fines.

(Ord. of 8-11-2016, § 4.32)