Sugar Hill › Illicit Discharge and Illegal Connection Ordinance

Article 7

current as of 2005-07-15verified current · checked 2026-08-24Officialofficial source ↗8 sections · full chapter

§ 7.1

Violations

It shall be a violation of this ordinance 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. Each day of noncompliance is considered a separate offense. The department may institute appropriate action or proceedings at law or equity for the enforcement of this ordinance.

Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Nothing herein contained shall prevent the department from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief.

In the event the violation constitutes an immediate danger to public health or public safety, the department has the right but not the duty, to enter upon the subject private property or premises, without giving prior notice, and take any and all measures necessary to abate the violation and/or restore the property. The department is authorized to seek costs of the abatement as outlined in Section 7.5.

§ 7.2

Notice of Violation

Whenever the department finds that a violation of this ordinance has occurred, the department may order compliance by written notice of violation.

(1)The notice of violation shall contain:

(a)The name and address of the alleged violator; and

(b)The address when available or a description of the building, structure, premises or land upon which the violation is occurring, or has occurred; and

(c)A statement specifying the nature of the violation; and

(d)A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; and

(e)A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and,

(f)A statement that the determination of violation may be appealed to the department by filing a written notice of appeal within thirty (30) days of service of notice of violation.

(2)Such notice of violation may require without limitation:

(a)The performance of monitoring, analysis, and reporting;

(b)The elimination of illicit discharges and illegal connections;

(c)That violations of this ordinance shall cease and desist;

(d)The abatement of non-stormwater discharges, the remediation of land or the effects of pollution, and the restoration of any affected property to its unaffected condition;

(e)Payment of costs to cover administrative and abatement costs; and,

(f)The implementation of pollution prevention practices; and

(g)The development and provision to the department of written remediation or action plan's; and

(h)The development and provision to the department of documents showing the location and discharge points of conveyances, pipes, channels, or drains; and

(i)Any other actions that will lead to the remedy of a condition of violation of this ordinance.

§ 7.3

Appeal of Notice of Violation

Any person receiving a Notice of Violation may appeal the determination of the director or his designee. The notice of appeal must be received by the department within thirty (30) days from the date of the Notice of Violation. Hearing on the appeal before the director shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the director shall be final.

§ 7.4

Enforcement Measures

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 3 days of the decision of the director upholding the decision of the director or his designee, then, in addition to any other remedies that may be available, representatives of the department or its contractors may enter upon the subject private premises, property or facility, where they are then authorized to take any and all actions or measures necessary to abate the violation and/or restore the property. Such measures or actions shall include but not be limited to repairs, maintenance, containment, cleanup and remediation. It shall be a violation of this ordinance for any person, owner, agent or person in possession of any premises, property or facility to refuse to allow the department or designated contractor to enter upon the premises for the purposes set forth above.

§ 7.5

Costs of Abatement of the Violation

Within 10 working days after abatement of the violation by the department or its contractors, 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 assessment or to the amount of the assessment within 10 working days of such notice. If the amount due is not paid within thirty

(30)days after receipt of the notice, or if an appeal is taken, within thirty (30) days after a decision on said 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 by reason of such violation.

§ 7.6

Criminal Penalties

For violations of this ordinance, the department may issue a citation to the alleged violator requiring such person to appear in a court of competent jurisdiction to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

§ 7.7

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, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

§ 7.8

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 the department may seek cumulative remedies.

The department may recover attorney's fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. If the amount due is not paid within thirty (30) days after receipt of a notice requiring payment of such costs, or if an appeal is taken, within thirty (30) days after a decision on said 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.

Section 8 Variances