§ 18-44. Enforcement.

If the city determines that a construction project is not being carried out in accordance with the approved plan, any project subject to this chapter is being carried out without approval, an illicit discharge is not terminated, or public or private stormwater system is failing to meet the approved performance measures, the director of construction services or the director of public works or their designee is authorized to issue any of the following:

(1)

Written notice. Issue written notice to the owner specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within a reasonable specified time.

(2)

Stop-work order. Issue a stop-work order directing the applicant, or owner, to cease and desist all or any portion of the work, which violates the provisions of the chapter.

(3)

Emergency cease and desist order. Issue emergency cease and desist order directing a property owner by requiring immediate compliance with the stormwater ordinance by halting operations/terminating discharge. The emergency cease and desist order may be written or verbal.

(4)

Cost of abatement of the violation/property lien. Applies when the city is obligated, under nuisance law, to initiate corrective action associated with the abatement of a stormwater system that is in non-compliance. The property owner is required to immediately repay the city the actual cost of the abatement activities, or the city will place a lien on the property.

(5)

Revocation of approval. Should the applicant, or owner, not bring the project into compliance with the written notice and stop-work order, he shall then be subject to immediate revocation of the building permit and to the penalties described in section 18-45.

(6)

Citation. Issuance of an ordinance summons, or other appropriate charging document, as an initiation of criminal process by code enforcement officers designated by the manager.

(Ord. No. 2007-51, 8-14-07)