HomeMy WebLinkAboutOrdinance 406 - Illicit Discharge CHAPTER IV—WATER, SEWER & STORM WATER
ORDINANCE 406 ILLICIT DISCHARGE AND CONNECTION ORDINANCE .............406-1
Section 406.01: PURPOSE AND INTENT............................................................ 406-2
Section 406.02: DEFINITIONS ..................................................................................406-2
Section 406.03: APPLICABILITY..............................................................................406-4
Section 406.04: RESPONSIBILITY FOR ADMINISTRATION.................................406-4
Section 406.05: COMPATIBILITY WITH OTHER REGULATIONS........................406-4
Section 406.06: SEVERABILITY...............................................................................406-4
Section 406.07: ULTIMATE RESPONSIBILITY.......................................................406-4
Section 406.08: DISCHARGE PROHIBITIONS.........................................................406-4
Section 406.09: WATERCOURSE PROTECTION.....................................................406-6
Section 406.10: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES..406-6
Section 406.11: COMPLIANCE MONITORING........................................................406-6
Section 406.12: REQUIREMENT TO PREVENT, CONTROL AND REDUCE STORM
WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES ...406-7
Section 406.13: NOTIFICATION OF SPILLS............................................................406-7
Section 406.14: VIOLATIONS, INFORCEMENTS, AND PENALTIES....................406-8
Section 406.15: COSTS ..............................................................................................406-9
Section 406.16: SUSPENSION OF MS4 ACCESS .....................................................406-9
Section 406.17: CIVIL PENALTIES.........................................................................406-10
Section 406.18: CRIMINAL PENALTIES................................................................406-10
Section 406.19: APPEAL OF NOTIC OF VIOLATION...........................................406-10
Section 406.20: ENFORCEMENT MEASURES AFTER APPEAL..........................406-11
Section 406.21: COST OF ABATEMENT OF THE VIOLATION............................406-11
Section 406.22: VIOLATIONS DEEMED A PUBLIC NUISANCE.........................406-11
Section 406.23: REMEDIES NOT EXCLUSIVE......................................................406-11
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ORDINANCE 406 ILLICIT DISCHARGE AND CONNECTION ORDINANCE
Section 406.01: Purpose and Intent. The purpose of this ordinance is to provide for the
health, safety, and general welfare of the citizens of the City of St. Joseph through the regulation
of non-storm water discharges to the storm drainage system to the maximum extent practicable as
required by federal and state law. This ordinance establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer system (MS4) in order to
comply with requirements of the National Pollutant Discharge Elimination System (NPDES)
permit process. The objectives of this ordinance are:
a. To regulate the contribution of pollutants to the MS4 by storm water discharges
by any user.
b. To prohibit illicit connections and discharges to the MS4.
C. To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance with this
ordinance.
Section 406.02: Definitions. For the purposes of this ordinance, the following shall mean:
a. Authorized Enforcement Agency. Employees or designees of the City of St.
Joseph designated to enforce this ordinance.
b. Best Management Practices (BMPs). Schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to storm water,
receiving waters, or storm water conveyance systems. BMPs also include
treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
C. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
d. Construction Activity. Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of one acre or more.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
e. Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
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f. Illegal Discharge. Any direct or indirect non-storm water discharge to the storm
drain system, except as exempted in this Ordinance.
g. Illicit Connections. An illicit connection is defined as either of the following:
i. Any drain or conveyance, whether on the surface or subsurface that
allows an illegal discharge to enter the storm drain system including but
not limited to any conveyances that allow any non-storm water discharge
including sewage, process wastewater, and wash water to enter the storm
drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized enforcement
agency or,
ii. Any drain or conveyance connected from a commercial or industrial land
use to the storm drain system that has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
g. Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as
defined in 40 CFR, Section 122.26 (b)(14).
h. Municipal Separate Storm Sewer System (MS4). The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains) owned and operated
by the City of St. Joseph and designed or used for collecting or conveying storm
water, and that is not used for collecting or conveying sewage.
i. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge
Permit. means a permit issued by EPA (or by a State under authority delegated
pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an individual,
group, or general area-wide basis.
j. Non-Storm Water Discharge. Any discharge to the storm drain system that is not
composed entirely of storm water.
k. Person. Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's
agent.
1. Pollutant. Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non-hazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
M. Premises. Any building, lot,parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
n. Storm Drainage System. Publicly-owned facilities by which storm water is
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collected and/or conveyed, including but not limited to any roads with
drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made or
altered drainage channels, reservoirs, and other drainage structures.
o. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
p. Storm Water Management Plan. A document which describes the Best
Management Practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to Storm Water, Storm Water
Conveyance Systems, and/or Receiving Waters to the Maximum Extent
Practicable.
q. Wastewater. Any water or other liquid, other than uncontaminated storm water,
discharged from a facility.
Section 406.03: Applicability This ordinance shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands unless explicitly exempted by
the City of St. Joseph.
Section 406.04: Responsibility for Administration. The City of St. Joseph shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed
upon the City of St. Joseph may be delegated in writing by the Director Public Works of the City
of St. Joseph to persons or entities acting in the beneficial interest of or in the employ of the City
of St. Joseph.
Section 406.05: Compatibility with other Regulations. This ordinance is not intended to
modify or repeal any other ordinance, rule, regulation, or other provision of law. The
requirements of this ordinance are in addition to the requirements of any other ordinance, rule,
regulation, or other provision of law, and where any provision of this ordinance imposes
restrictions different from those imposed by any other ordinance, rule, regulation, or other
provision of law, whichever provision is more restrictive or imposes higher protective standards
for human health or the environment shall control.
Section 406.06: Severability. The provisions of this ordinance are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this ordinance or the application
thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this ordinance.
Section 406.07: Ultimate Responsibility. The standards set forth herein and
promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does
not intend or imply that compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
Section 406.08: Discharge Prohibitions.
a. Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise
discharge, cause, or allow others under its control to throw, drain, or otherwise
discharge into the MS4 any pollutants or waters containing any pollutants, other
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than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm
drain system is prohibited except as described as follows:
i. The following discharges are exempt from discharge prohibitions
established by this ordinance: waterline flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated
ground water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing, flows
from riparian habitats and wetlands, de-chlorinated swimming pool
discharges, and street wash water.
ii. Discharges or flow from firefighting, and other discharges specified in
writing by the City of St. Joseph as being necessary to protect public health
and safety.
iii. Discharges associated with dye testing, however this activity requires
a verbal notification to the City of St. Joseph prior to the time of the test.
iv. The prohibition shall not apply to any non-storm water discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the
discharger is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm drain system.
a. Prohibition of Illicit Connections.
i. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
ii. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
iii. A person is considered to be in violation of this ordinance if the person
connects a line conveying sewage to the MS4, or allows such a connection
to continue.
iv. Improper connections in violation of this ordinance must be disconnected
and redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the City of St. Joseph.
V. Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be
located by the owner or occupant of that property upon receipt of written
notice of violation from the City of St. Joseph requiring that such locating be
completed. Such notice will specify a reasonable time period within
which the location of the drain or conveyance is to be determined, that
the drain or conveyance be identified as storm sewer, sanitary sewer or
other, and that the outfall location or point of connection to the storm sewer
system, sanitary sewer system or other discharge point be identified.
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Results of these investigations are to be documented and provided to the
City of St. Joseph.
Section 406.09: Watercourse Protection. Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or
physical integrity of the watercourse.
Section 406.10: Industrial or Construction Activity Discharges. Submission of Notice
of Intent to the City of St. Joseph.
a. Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the City of St.
Joseph prior to the allowing of discharges to the MS4.
b. The operator of a facility, including construction sites, required to have an NPDES
permit to discharge storm water associated with industrial activity shall submit a
copy of the Notice of Intent (NOI) to the City of St. Joseph at the same time the
operator submits the original Notice of Intent to the EPA as applicable.
C. The copy of the Notice of Intent may be delivered to the City of St. Joseph
either in person or by mailing it to:
Notice of Intent to Discharge Storm Water
City of St. Joseph
Attn: City Administrator
25 College Ave N.; PO Box 668
St. Joseph MN 56374
d. A person commits an offense if the person operates a facility that is discharging
storm water associated with industrial activity without having submitted a copy of
the Notice of Intent to do so to the City of St. Joseph.
Section 406.11: Compliance Monitoring.
a. Right of Entry: Inspection and Sampling. The City of St. Joseph shall be permitted
to enter and inspect facilities subject to regulation under this ordinance as often
as may be necessary to determine compliance with this ordinance.
i. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives of
the City of St. Joseph.
ii. Facility operators shall allow the City of St. Joseph ready access to all
parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions
of an NPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law.
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iii. The City of St. Joseph shall have the right to set up on any p e r m i t t e d
f a c ility such devices as are necessary in the opinion of the City of St.
Joseph to conduct monitoring and/or sampling of the facility's storm water
discharge.
V. The City of St. Joseph has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
storm water flow and quality shall be calibrated to ensure their accuracy.
vi. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the City of St. Joseph and shall not
be replaced. The costs of clearing such access shall be borne by the
operator.
vii. Unreasonable delays in allowing the City of St. Joseph access to a
permitted facility is a violation of a storm water discharge permit and of this
ordinance. A person who is the operator of a facility with an NPDES permit
to discharge storm water associated with industrial activity commits an
offense if the person denies the City of St. Joseph reasonable access to
the permitted facility for the purpose of conducting any activity authorized
or required by this ordinance.
b. Search Warrants. If the City of St. Joseph has been refused access to any part of
the premises from which storm water is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this ordinance
or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the City of St. Joseph may seek issuance of a search
warrant from any court of competent jurisdiction.
Section 406.12: Requirement to Prevent, Control and Reduce Storm Water Pollutants by
the Use of Best Management Practices. City of St. Joseph will adopt requirements identifying
Best Management Practices for any activity, operation, or facility which may cause or
contribute to pollution or contamination of storm water, the storm drain system, or waters of the
United States. The owner or operator of such activity, operation, or facility shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses through the use of these structural
and non-structural BMPs. Further, any person responsible for a property or premise that is, or
may be, the source of an illicit discharge, may be required to implement, at said person's
expense, additional structural and non-structural BMPs to prevent the further discharge of
pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of storm water associated with industrial activity, to the extent
practicable, shall be deemed compliance with the provisions of this section. These BMPs shall
be part of a storm water management plan (SWMP) as necessary for compliance with
requirements of the NPDES permit.
Section 406.13: Notification of Spills. Notwithstanding other requirements of law, as soon
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as any person responsible for a facility or operation, or responsible for emergency response for a
facility or operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into storm water, the
storm drain system, or waters of the United States, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of non-hazardous materials,
said person shall notify the City of St. Joseph in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the City of St. Joseph within two (2) business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three (3)years.
Failure to provide notification of a release as provided above is a violation of this ordinance.
Section 406.14: Violations, Enforcement, and Penalties.
a. Violations. It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this ordinance. Any person who has
violated or continues to violate the provisions of this ordinance, may be subject to
the enforcement actions outlined in this section or may be restrained by injunction
or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or
public safety, the City of St. Joseph is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures
necessary to abate the violation and/or restore the property. The City of St. Joseph
is authorized to seek costs of the abatement as outlined in Section 406.21.
b. Warning Notice. When the City of St. Joseph finds that any person has violated, or
continues to violate, any provision of this ordinance, or any order issued hereunder,
the City of St. Joseph may serve upon that person a written Warning Notice,
specifying the particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution whereby
any offending discharge will cease. Investigation and/or resolution of the matter
in response to the Warning Notice in no way relieves the alleged violator of
liability for any violations occurring before or after receipt of the Warning Notice.
Nothing in this subsection shall limit the authority of the City of St. Joseph to take
any action, including emergency action or any other enforcement action, without
first issuing a Warning Notice.
C. Notice of Violation. Whenever the City of St. Joseph finds that a person has
violated a prohibition or failed to meet a requirement of this ordinance, the City
of St. Joseph may order compliance by written notice of violation to the responsible
person. The Notice of Violation shall contain:
i. The name and address of the alleged violator;
ii. The address when available or a description of the building, structure or
land upon which the violation is occurring, or has occurred;
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iii. A statement specifying the nature of the violation;
iv. A description of the remedial measures necessary to restore
compliance with this ordinance and a time schedule for the completion of
such remedial action;
V. A statement of the penalty or penalties that shall or may be assessed against
the person to whom the notice of violation is directed;
vi. A statement that the determination of violation may be appealed to the
City of St. Joseph by filing a written notice of appeal within 30 days of
service of notice of violation, except in the instance where a Cease and
Desist Order is issued as described in Section 406.16, then the notice of
appeal must be received within (10) days from the date of the Cease and
Desist Order; and
vii. A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be done by
a designated governmental agency or a contractor and the expense thereof
shall be charged to the violator.
Such notice may require without limitation:
viii. The performance of monitoring, analyses, and reporting;
ix. The elimination of illicit connections or discharges;
X. That violating discharges, practices, or operations shall cease and desist;
xi. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property
xii. Payment of a fine to cover administrative and remediation costs; and
xiii. The implementation of source control or treatment BMPs.
Section 406.15 Costs. In addition to the other penalties provided herein, the City may
recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of
litigation or enforcement by an appropriate action against the person or entity found to have
violated this ordinance or the orders, rules, regulations, and permits issued hereunder.
Section 406.16: Suspension of MS4 Access.
a. Emergency Cease and Desist Orders. When the City of St. Joseph finds that any
person has violated, or continues to violate, any provision of this ordinance, or any
order issued hereunder, or that the person's past violations are likely to recur, and
that the person's violation(s) has (have) caused or contributed to an actual or
threatened discharge to the MS4 or waters of the United States which reasonably
appears to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the City of St. Joseph may issue an order
to the violator directing it immediately to cease and desist all such violations and
directing the violator to:
i. Immediately comply with all ordinance requirements; and
ii. Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including
immediately halting operations and/or terminating the discharge.
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Any person notified of an emergency order directed to it under this Subsection shall
immediately comply and stop or eliminate its endangering discharge. In the event of
a discharger's failure to immediately comply voluntarily with the emergency order,
the City of St. Joseph may take such steps as deemed necessary to prevent or
minimize harm to the MS4 or waters of the United States, and/or endangerment to
persons or to the environment, including immediate termination of a facility's water
supply, sewer connection, or other municipal utility services. The City of St. Joseph
may allow the person to recommence its discharge when it has demonstrated to the
satisfaction of the City of St. Joseph that the period of endangerment has passed,
unless further termination proceedings are initiated against the discharger under this
ordinance. A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to the City of St. Joseph within 5 days of receipt of the
emergency order. Issuance of an emergency cease and desist order shall not be a bar
against, or a prerequisite for, taking any other action against the violator.
b. Suspension due to Illicit Discharges in Emergency Situations. The City of St.
Joseph may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to
the health or welfare of persons, or to the MS4 or waters of the United States. If
the violator fails to comply with a suspension order issued in an emergency, the
City of St. Joseph may take such steps as deemed necessary to prevent or
minimize damage to the MS4 or waters of the United States, or to minimize
danger to persons.
C. Suspension due to the Detection of Illicit Discharge. Any person discharging to the
MS4 in violation of this ordinance may have their MS4 access terminated if such
termination would abate or reduce an illicit discharge. The City of St. Joseph will
notify a violator of the proposed termination of its MS4 access. The violator may
petition the City of St. Joseph for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Ordinance, without the prior approval of the City of St.
Joseph.
Section 406.17: Civil Penalties. In the event the alleged violator fails to take the remedial
measures set forth in the notice of violation or otherwise fails to cure the violations described
therein within 10 days, or such greater period as the City of St. Joseph shall deem appropriate,
after the City of St. Joseph has taken one or more of the actions described above, the City of St.
Joseph may impose a penalty not to exceed $ 1,000.00 (depending on the severity of the
violation) for each day the violation remains un-remedied after receipt of the notice of violation.
Section 406.18: Criminal Penalties. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than $ 900 or by imprisonment for not to exceed ninety (90) days or both.
Section 406.19: Appeal of Notice of Violation: Any person receiving a Notice of
Violation may appeal the determination of the City of St. Joseph. The notice of appeal must be
received within thirty (30) days from the date of the Notice of Violation, except in the instance
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where a Cease and Desist Order is issued as described in Section 406.16, then the notice of appeal
must be received within (10) days from the date of the Cease and Desist Order. Hearing on the
appeal before the appropriate authority or his/her designee shall take place within thirty (30) days
from the date of receipt of the notice of appeal. The decision of the municipal authority or their
designee shall be final.
Section 406.20: Enforcement Measures After Appeal. If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an
appeal, within ten (10) days of the decision of the municipal authority upholding the decision
of the City of St. Joseph, then representatives of the City of St. Joseph shall enter upon the subject
private property and are authorized to take any and all measures necessary to abate the violation
and/or restore the property. It shall be unlawful for any person, owner, agent or person in
possession of any premises to refuse to allow the government agency or designated contractor to
enter upon the premises for the purposes set forth above.
Section 406.21: Cost of Abatement of the Violation. Within forty-five (45) days after
abatement of the violation, the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within thirty (30) days. If the amount due is not paid within a timely
manner as determined by the decision of the municipal authority or by the expiration of the time in
which to file an appeal, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become liable to the City of St.
Joseph by reason of such violation. The liability shall be paid in not more than twelve (12)
equal payments. Interest at the rate of six (6)percent per annum shall be assessed on the balance
beginning 30 days after the property owner has been notified of the cost of abatement.
Section 406.22: Violations Deemed a Public Nuisance. In addition to the enforcement
processes and penalties provided, any condition caused or permitted to exist in violation of any
of the provisions of this ordinance is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
Section 406.23: Remedies Not Exclusive. The remedies listed in this ordinance are not
exclusive of any other remedies available under any applicable federal, state or local law and it is
within the discretion of the City of St. Joseph to seek cumulative remedies.
The City of St. Joseph may recover all attorneys' fees court costs and other expenses associated
with enforcement of this ordinance, including sampling and monitoring expenses.
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