§ 111-280. Notice of violation and citation.

(a)

Whenever the director of utilities determines that a violation of this article or regulations and procedures adopted thereto has occurred, he shall serve upon the stormwater discharger a notice of violation. The notice of violation shall be in writing, include a description of the property sufficient for identification of where the violation has occurred, list the provisions of this article which have been violated, and state that, if the violation is not remedied within a specified reasonable time to be determined by the director of utilities, a citation shall be issued for the discharger to appear in the municipal court. The penalty involved and the fact that each day the violation continues will constitute a new and separate violation.

(b)

Notwithstanding the foregoing, the director of utilities may issue a citation to appear in municipal court without first issuing a notice of violation if, in the judgment of the city engineer, the illicit discharge or illicit connection was not an accidental discharge or if the violation constitutes a threat to the public health, safety and general welfare, or the city municipal separate storm-sewer system (MS4).

(c)

If the violation has not been remedied within the time specified in the notice of violation, the director of utilities shall issue a citation to the discharger to appear in the municipal court.

(d)

Nothing in this section shall limit the authority of the director of utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

( Ord. of 2-18-2014 , § 111-280)