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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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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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1/18/2011 11:06:27 AM
Creation date
2/27/2008 4:19:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/8/2004
Ord-Res Number
9542-04
Bill Number
78-04
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(ii) The elimination of illicit connections or discharges; <br />(iii) That violating discharges, practices, or operations shall cease and desist; <br />(iv) The abatement or remediation of stormwater pollution or contamination hazards <br />and the restoration of any affected property; and <br />(v) Payment of a fine to cover administrative and remediation costs; and <br />(vi) The implementation of source control or treatment BMPs. <br />(b) If abatement of a violation and/or restoration of affected property is required, the notice <br />shall set forth a deadline within which such remediation or restoration must be completed. Said <br />notice shall further advise that, should the violator fail to remediate or restore within the established <br />deadline, the work will be done by the City or a contractor and the expense thereof shall be charged <br />to the violator. <br />Section 17-100 Appeal of Notice of Violation <br />Any person receiving a Notice of Violation may appeal the determination of the City. The <br />notice of appeal must be received within ten (10) days from the date of the Notice of Violation. <br />Hearing on the appeal before the City or his/her designee shall take place within 15 days from the <br />date of receipt of the notice of appeal. The decision of the City or their designee shall be final. <br />Section 17-101 Enforcement Measures after Appeal <br />If the violation has not been corrected pursuant to the requirements set forth in the Notice of <br />Violation, or, in the event of an appeal, within ten (10) days of the decision of the City, then <br />representatives of the authorized enforcement agency shall enter upon the subject private property <br />and are authorized to take any and all measures necessary to abate the violation and/or restore the <br />property. It shall be unlawful for any person, owner, agent or person in possession of any premises <br />to refuse to allow the City or designated contractor to enter upon the premises for the purposes set <br />forth above. <br />Section 17-102 Cost of Abatement of the Violation <br />Within thirty (30) days after abatement of the violation, the owner of the property will be <br />notified of the cost of abatement, including administrative costs. The property owner may file a <br />written protest objecting to the amount of the assessment within ten (10) days. If the amount due is <br />not paid within a timely manner as determined by the decision of the municipal authority or by the <br />expiration of the time in which to file an appeal, the charges shall become a special assessment <br />against the property and shall constitute a lien on the property for the amount of the assessment. <br />-8- <br />
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