§ 13.16.360. Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies:

A.

Cease and Desist Order. When an authorized enforcement official finds that a non-storm-water discharge has taken place or is likely to take place in violation of this chapter, the enforcement official may issue an order to cease and desist such non-storm-water discharge, or practice, or operation likely to cause such discharge, and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with a time schedule for compliance; and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.

Any person failing to comply with said cease and desist order shall be guilty of an infraction and may be subject to the penalties outlined in Section 13.16.240, Penalty for violation, and to all other enforcement procedures outlined in this chapter. In addition, failure to undertake the activities described in said cease and desist order may result in the city undertaking an abatement action and assessing a lien against the property in accordance with the procedures outlined in Sections 13.16.290 through 13.16.340 of this chapter.

B.

Notice to Clean. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm sewer system or a non-storm-water discharge to the city storm sewer system, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

Any person failing to comply with said notice to clean shall be guilty of an infraction and may be subject to the penalties outlined in Section 13.16.240, Penalty for violation, and to all other enforcement procedures outlined in this chapter. In addition, failure to undertake the activities described in said notice to clean may result in the city undertaking an abatement action and assessing a lien against the property in accordance with the procedures outlined in Sections 13.16.290 through 13.16.340 of this chapter.

C.

Suspension of Permits. Failure of any person engaged in an activity, development or work, and/or owning or operating any facility which may cause violations of this chapter to cease such activities or comply with corrective measures upon receipt of notice from an authorized enforcement official, shall be cause for revocation or suspension of any permit issued by the city and/or its boards, commissions, departments, officers and the City Council.

When any person is found to be in violation of this chapter, the enforcement official may request the permit issuing authority to suspend or revoke any building permit, grading permit, encroachment permit, conditional use permit and any other permit issued by the city and/or its boards, commissions, departments, officers and the city council associated with the subject property until such time that applicant is found to be in compliance with the provisions of this chapter. The procedures that govern the suspension, revocation and appeal process of the individual permit shall be followed.

(Ord. 12024 § 1 (part), 1997)