9542-04 Amend the Municipal Code book - Adding new article 11, to Chapter 17 - Regulating Storm Water Discharges to the City's separate

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Any person violating any of the provisions of this article shall become liable to the City for the assessment of the cost of abatement and administration costs by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of eight percent (8%) per annum shall be assessed on the balance beginning on the first day following discovery of the violation. Section 17-103 Injunctive Relief It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Section 17-104 Compensatory Action In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the City may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. Section 17-105 Violations Deemed a 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, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Section 17-106 Remedies Not Exclusive The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City to seek cumulative remedies. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 2 Member, South Bend Co on Council -9-