§ 98-238. Enforcement actions, content.

(a)

In addition to any other content, a notice of noncompliance, a notice of violation, or a cease and desist order shall contain the following elements:

(1)

A citation of the provision of this article that has been violated.

(2)

A date by which by discharger must be in compliance with this article, or a date by which an action plan must be submitted by the discharger to propose a means and time frame by which to correct violations. The administrator may extend the compliance date when good cause exists for such an extension.

(3)

Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

(4)

Notification that the city may recover any costs incurred by the city as a result of the violation.

(5)

Notification that the recipient has a right to appeal the matter as set forth in section 98-240 of this article.

(6)

Notification of appeal deadlines established according to section 98-240 of this article.

(b)

In addition to any other content, a notice of noncompliance, a notice of violation, or a cease and desist order may include the following:

(1)

Imposition of an administrative civil penalty as specified in section 98-243 of this article.

(2)

Establishment of terms, conditions, and requirements reasonably related to the provisions of this article, including the following:

a.

Cessation of illicit discharges.

b.

Correction of prohibited conditions.

c.

A requirement for submittal of a written action plan for achieving and maintaining compliance with this article. The administrator may require the action plan to address specific items, including the following:

1.

Specific time schedules for compliance.

2.

Description of BMPs that will be implemented for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to stormwater runoff.

3.

Identification of persons responsible for compliance with this article. A requirement that the person who receives it to submit written certification to the administrator that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.

(c)

Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this article.

(Ord. No. 2004-08, § 1, 9-22-2004)