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(a) Suspension of permit, services. The general manager may suspend the stormwater quality permit of and the provision of storm drainage utility services to any person and property when, in the opinion of the general manager, such suspension is necessary in order to stop an actual or threatened reduction of the quality of stormwater drainage originating from such property which presents or may present an imminent or substantial endangerment to the health, safety, or welfare of persons or the environment. Any person notified of such suspension shall take immediate action to stop or eliminate the offending discharge. If a person fails to take immediate action to voluntarily comply with the suspension order, the general manager shall take such steps as deemed necessary, including but not limited to the immediate impoundment of stormwater drainage to prevent or minimize damage to individuals or the environment. The general manager may also initiate appropriate legal action in the name of the city in such circumstances. The general manager shall reinstate the permit and service upon proof of the cessation or elimination of the offending discharge. A detailed written statement submitted by the offending party describing the causes of the offending discharge and the measures taken to prevent any future occurrence of the discharge shall be submitted to the general manager within five days of the date of such occurrence.

(b) Revocation of permit. Any person to whom a stormwater quality permit has been issued who violates any conditions of this article or the rules and regulations promulgated under this article or any applicable local, state and federal laws and regulations is subject to having such permit revoked. Grounds for revocation include but are not limited to:

(1) Failure to factually report the constituents and characteristics of stormwater drainage originating from the site.

(2) Failure to report significant changes in operations or stormwater drainage constituents.

(3) Refusal of reasonable access to the site by authorized city personnel for purposes of inspection or monitoring.

(4) Violation of any permit condition.

(c) Written notice of violation. Whenever the city finds that any person has violated or is violating this article or the rules and regulations promulgated under this article or any prohibition, limitation or requirement contained in the stormwater quality permit issued to such person, the general manager may serve upon such person written notice stating the nature of the violation. Noncompliant items shall be resolved immediately; however, the general manager may allow up to seven days for correction of those violations identified in the notice of violation as requiring a remediation plan.

(d) Stop work order. If the general manager finds conduct or conditions that are not in conformance with this article, the rules promulgated pursuant to this article, or the terms of a stormwater permit, the general manager may issue a stop work order. Such order shall specify the activities that must cease, and may include all construction activities at the site except for erosion prevention and sediment control measures. Upon issuance of a stop work order, the cited activity shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. It shall be unlawful for any person to continue any prohibited activity after having been served with a stop work order, except such work that has been identified as necessary to correct the noted deficiency(s). The stop work order will be in effect until the general manager cancels the order in writing.

(e) Legal action. If any person causes or permits stormwater drainage to originate from any property owned by or under the control of such person contrary to the provisions of this article, the rules and regulations promulgated under this article or any order issued by the general manager, in addition to any other remedies or actions, the general manager may:

(1) Ask the city attorney to commence an action for appropriate legal and equitable relief in any county or district court having jurisdiction over the subject matter of the action and of the amount, if any, sought to be collected; or

(2) Institute criminal proceedings in the municipal court in and for the city through the issuance of a municipal summons and complaint to the offending party pursuant to the authority granted by section 50-30.

(f) Enforcement actions not exclusive. All such enforcement actions provided herein are cumulative and in addition to any other remedies provided by law. (Code 1979, § 39-167; Ord. No. 2023-44, § 51, 9-11-2023; Ord. No. 2009-50, § 2, 11-16-2009; Ord. No. 2005-74, § 1, 10-10-2005)