(a)   Whenever the Authorized Public Officer has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Article, the Authorized Public Officer shall have the right to enter the premises at any reasonable time for the purpose of conducting such inspections and sampling as may be necessary to determine whether any violations exist and to determine the nature and extent of any remedial actions necessary by virtue thereof.  In the event the owner or occupant of the premises refuses such entry after a request to enter has been made, the Authorized Public Officer is hereby empowered to seek assistance from a court of competent jurisdiction to permit or compel such entry.

(b)   The Authorized Public Officer shall have the right to set up on any such premises such devices as may be deemed necessary to conduct sampling of any discharges or of the soils or any substances from which such discharges may occur.

(c)   Investigation of any such matter shall in no way relieve any party from liability or responsibility for any violations occurring before, during or after the conduct of any such investigation.  Nothing in this Section shall limit the authority of the Authorized Public Officer to take any other action or actions, including emergency action or any other enforcement action, while also undertaking any such investigation.

(Ord. 4689-09; Ord. 5141-24)

(a)   If the Authorized Public Officer determines that any person has violated any provision of this Chapter, or has failed to meet any requirement of this Chapter or of any approved Stormwater Pollution Prevention Plan, or has failed to comply with any order issued by the Authorized Public Officer as authorized under this Chapter, then the Authorized Public Officer may serve upon that person a Notice of Violation, which shall contain the following:

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

(2)   The date and location of the violation;

(3)   A description of the violation;

(4)   A description of the remedial measures necessary to restore compliance with this Chapter and a time schedule for the completion of each such remedial measures; and

(5)   A description of further enforcement actions which may be taken by the City.

(b)   Any person aggrieved by such Notice of Violation of the Authorized Public Officer may appeal the same to the Environmental Hearing Officer as designated pursuant to Section 6-1103 of the Newton City Code.  Such appeal shall be taken by filing a written notice of appeal with the Environmental Hearing Officer within ten (10) days of the service of the written order.  The Environmental Hearing Officer shall then schedule and conduct a hearing upon such appeal and, within ten (10) days of the conclusion thereof, shall issue a written order affirming, modifying or rescinding the Notice of Violation.  The decision of the Environmental Hearing Officer shall be final.

(c)   The pendency of any such proceedings upon a Notice of Violation shall in no way relieve any party from liability or responsibility for any violations occurring before, during or after the conduct of any such proceedings.  Nothing in this Section shall limit the authority of the Authorized Public Officer to take any other action or actions, including emergency action or any other enforcement action, while any such proceedings are also being conducted, and nothing in this Section shall limit the authority of the Authorized Public Officer to take any action, including emergency action or any other enforcement action, without first issuing a Notice of Violation.

(Ord. 4689-09; Ord. 5141-24)

The Authorized Public Officer is authorized to enter upon any premises without prior notice, to issue stop-work orders as may be necessary, and to take such further actions as are necessary to prevent, eliminate or remediate any violations or Illicit Discharges in any of the following circumstances:

(a)   If a violation constitutes an imminent or immediate danger to the environment or to the public health, welfare or safety;

(b)   If a person to whom a Notice of Violation has been issued and has become final and such person has failed to comply with the directed corrective actions within the time provided therefor; or

(c)   If all reasonable attempts to contact a responsible person as to a violation have failed.

(Ord. 4689-09; Ord. 5141-24)

(a)   Whenever the City undertakes the correction or abatement of any violation, or the remediation of any damage caused by any violation, either under emergency circumstances, or due to a person’s failure to comply with any lawful notices or orders issued by the Authorized Public Officer or the governing body of the city, the person or persons responsible for such violation shall be liable to the City for the costs of such corrective, abatement or remedial actions, and payment thereof shall be due within thirty (30) days following written notice of such costs.

(b)   The property owner may appeal the assessment of such costs to the governing body of the City by filing a written notice of appeal with the City Clerk within thirty (30) days of the service of the written notice of costs.  Pendency of such an appeal shall suspend the obligation becoming due until such time as a final determination of the appeal has been made.  The governing body shall then schedule and conduct a hearing upon such appeal and, within ten (10) days of the conclusion thereof, shall issue a written order affirming, modifying or rescinding the cost assessment.  The decision of the governing body shall be final.

(c)   If any such costs remain unpaid for more than thirty (30) days after becoming due, then in addition to other collection alternatives the City Clerk may also certify such costs to the County Clerk to be assessed against the property as to which the violation relates.

(Ord. 4689-09; Ord. 5141-24)

Notwithstanding the other enforcement processes, procedures and penalties provided in this Chapter, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is hereby declared to be a threat to the public health, welfare and safety, and is hereby declared and deemed to be a public nuisance.  Instead of or in addition to any other remedies or procedures hereunder, the City may commence a civil action to abate, enjoin or otherwise compel the cessation of any such public nuisance.

(Ord. 4689-09; Ord. 5141-24)

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Authorized Public Officer or of the City Manager or City governing body to seek cumulative remedies.  The City shall be entitled to recover all attorney fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.  These remedies may also include criminal penalties such as incarceration in the county jail for up to 6 months if deemed necessary by the Municipal Court Judge.

(Ord. 4689-09; Ord. 5141-24)

The violation of any provision of this Chapter, or of any order or directive lawfully issued under authority of the provisions of this Chapter, is hereby declared to be a municipal ordinance infraction.  In the event any party fails to take the remedial measures set forth in the Notice of Violation described in Section 24-402, a fine may be levied against them, as outlined below:

(a)   A fine per day the violation remains unremedied of between $75.00 up to $750.00, against any failure to install stormwater BMPs as indicated on the site map required under the KDHE construction stormwater program.

(b)   A fine per day the violation remains unremedied of between $50.00 up to $500.00, against any failure to submit a stormwater pollution prevention plan prior to construction.

(c)   A fine per day the violation remains unremedied of between $50.00 up to $500.00, against any failure to notify the Authorized Public Officer before commencement of construction.

(d)   A fine per day the violation remains unremedied of between $75.00 up to $750.00, against any failure to maintain, repair or replace construction stormwater BMP within 5 days of notification.

(e)   A fine per day the violation remains unremedied of between $50.00 up to $500.00, against any failure to cease illicit discharges.

(f)   A fine per day the violation remains unremedied of between $100.00 up to $1,000.00, against any illicit discharge in the storm sewer system and shall be levied against each additional illicit discharge occurrence.  The person responsible for the illicit discharge shall also be liable for the reasonable costs to the city to abate the nuisance caused by the illegal dumping.

(Ord. 4689-09; Ord. 5141-24)