§ 98-245. Miscellaneous enforcement provisions.

(a)

Each and every remedy available for the enforcement of this article shall be nonexclusive and it is within the discretion of the administrator to seek cumulative remedies.

(b)

The administrator may request the city to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing noncompliance with the provisions of this article. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the city of all costs incurred in enforcing this article, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the city, costs relating to the restoration of the environment and any other costs or expenses authorized by law.

(c)

The administrator may request the city to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:

(1)

All costs incurred in the enforcement of this article, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.

(2)

All costs incurred in mitigating harm to the environment or reducing the threat to human health.

(3)

Damages for irreparable harm to the environment.

(d)

The city is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the city stormwater conveyance system from any violation of this article where such violation has caused damage, contamination or harm to the environment, public property or the city stormwater conveyance system.

(e)

The remedies available to the city pursuant to the provisions of this article shall not limit the right of the city or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.

(f)

Each day in which a violation occurs and each separate failure to implement BMPs in accordance with section 98-217 or to comply with either a separate provision of this article, an administrative compliance order, or a cease and desist order shall constitute a separate violation of this article punishable by administrative penalties in accordance with this article.

(Ord. No. 2004-08, § 1, 9-22-2004)