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13.16.100. Enforcement, violation, and penalties

            (1)        Stop-work order; Revocation of permit:  In the event that any person or any holder of a state issued Construction Storm Water Permit pursuant to this ordinance, violates the terms of the permit, any provision of this ordinance, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Public Works Department may issue a stop work order, such that no further work on the development shall be performed or approved.

            (2)        Violation and penalties:  In addition to the above, the City may avail itself of any of the following non-exclusive remedies to enforce this Chapter:

                        (a)        Notice and order.  Whenever the Public Works Department finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Public Works Department may order compliance by written notice of violation to the responsible person.  Such notice may require, without limitation:

                                    (i)         The performance of monitoring, analyses, and reporting;

                                    (ii)        The elimination of illicit connections or discharges;

                                    (iii)       That violating discharges, practices, or operations shall cease and desist;

                                    (iv)       The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

                                    (v)        Payment of a fine to cover administrative and remediation costs;

                                    (vi)       The implementation of source control or treatment BMPs; and

                                    (vii)      The immediate removal of mud, dirt, or debris left by any vehicle on a street within the City that drains into the City's storm drain system.

                        (b)        Nuisance abatementThe violation of Subsection (2)(a)(vii) above, may also be declared and treated as a nuisance under Chapter 6.24, Weeds and Refuse, of the City Code and enforced by one of the City's Code Enforcement Officers.  Each day of violation shall constitute a separate offense.

                        (c)        Criminal penalties.  Any person violating any of the provisions of this Chapter shall be deemed guilty of a class "B" misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense.  Any person convicted of a second offense shall be subject to a minimum penalty of Two Hundred Fifty Dollars ($250.00).  Any person convicted of a third offense, or more, shall be subject to a minimum penalty of Five Hundred Dollars ($500.00).

                        (d)        Responsibility.  For the purpose of this Chapter, the following persons or entities shall be considered responsible for leaving mud, dirt, or debris on a street within the City:

                                    (i)         Driver.  The driver of the vehicle leaving the mud, dirt, or debris; and

                                    (ii)        General Contractor.  The General Contractor or owner in charge of the job site from which the mud, dirt, or debris comes from.

                        (e)        Other Penalties and Remedies.

                                    (i)         State penalties:  Violators of this Chapter may also be subject to prosecution, fines and penalties from the State of Utah and the United States EPA.

                                    (ii)        Other remedies:  In addition to the remedies listed above for a violation of this Chapter, the City shall have the right to install and/or maintain appropriate erosion and sediment control measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed as required by this Chapter.  The City shall have the right to have such measures installed or maintained by City personnel or to hire a private contractor to perform such work and the contractor and/or the property owner shall be liable for any and all expenses related to performing such work plus a twenty-five percent (25%) penalty charge.  The City may assess said charges against the bond posted by the contractor and/or property owner.

Ord. No. 06-41, Enacted 9/21/2006Ord. No. 08-30, Amended, 6/5/2008

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