Enforcement

(a) Show cause order. Whenever the chief engineer finds that a discharge of stormwater or effluent or any pollutant is taking place or threatening to take place in violation of any requirement imposed by ordinance, regulation, or other law, the chief engineer may issue a notice of violation and show cause order requesting the property owner or permit holder or discharger to meet with someone designated by the chief engineer to show why there should be no formal enforcement action. This meeting is not a prerequisite to taking formal enforcement action against the property owner or permit holder or discharger, and neither does this preclude in any way informal meetings of discussions with the property owner or permit holder or discharger. (b) Cease and desist order. Whenever the chief engineer finds that a discharge of stormwater or effluent or any pollutant is taking place or threatening to take place in violation of any ordinance, order, regulation, or other law, the chief engineer may issue an order directing the property owner or permit holder or discharger to cease and desist such discharges and directing the property owner or permit holder or discharger to achieve compliance in accordance with a detailed time schedule of specific actions the property owner or permit holder or discharger must take to correct or prevent violations of this ordinance, regulation, order, or any other law. The chief engineer may order the revocation or suspension of any permit or license. Any order issued by the chief engineer may require the property owner or permit holder or discharger to provide information as the chief engineer deems necessary to explain the nature of the discharge. The chief engineer may require in any cease and desist order that the property owner or permit holder or discharger pay to the city the costs of any extraordinary inspection or monitoring that in the discretion of the chief engineer was necessary as a result of the violation together with civil penalties. (c) Cleanup and abatement orders. (1) Any person who is in violation of this ordinance, regulation, order, or any other law, shall, upon the chief engineer’s order and at the total expense of the property owner or permit holder or discharger, clean up the discharge and do whatever is necessary or required by the chief engineer to abate the effects of the violation. (2) The chief engineer may initiate any cleanup, abatement, or remedial work required that the chief engineer deems necessary as a result of the magnitude of the violation or when necessary to prevent harm to public health or the environment. The chief engineer may take this action, notwithstanding that injunctive relief and this action may be in addition to any action taken by the property owner or permit holder or discharger or other persons. (3) Any property owner or permit holder or discharger violating the ordinance, regulations, order, or any other law shall be liable to the city for costs incurred in the cleanup, abatement, or remedial actions undertaken by the chief engineer, including but not limited to administrative costs, inspection costs, attorney fees and penalties or other liability imposed upon the city by other agencies, persons, or organizations whether by way of court action, administrative action, or settlement. (d) Termination of discharge. In addition to other remedies available and as provided in this article or by law, when in the discretion of the chief engineer, the property owner or permit holder or discharger has not or cannot demonstrate satisfactory progress toward compliance with the requirements of this ordinance, regulation, order, or other law, the chief engineer, after providing written notice to the property owner or permit holder or discharger by certified mail 30 days in advance of any action, may sever or plug the connection from the property owner’s or permit holder’s or discharger’s system to the city-owned separate storm sewer system or otherwise prevent the discharge of stormwater or effluent or any pollutant from the property owner’s or permit holder’s or discharger’s system to the city-owned separate storm sewer system. (e) Administration fines. In addition to other remedies available and as provided in this article or by law, the chief engineer may impose administrative penalties.