28-13 Enact Chp. 917 Illicit Discharge

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eility's owner or operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the fa- cility owner or operator. (5) Unreasonable delays in allowing the City access to a facility subject to this chapter for the purposes of illicit discharge inspection is a violation of this chapter. (6) If the City is refused access to any part of the facility from which storm wa- ter is discharged, and the City demonstrates probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect or sample as part of an inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the public health, safety, and welfare, the City may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and criminal remedies from any court of appropriate jurisdiction. (7) Any costs associated with these inspections shall be assessed to the facility owner or operator. 917.09 ENFORCEMENT (a) Notice of Violation. When the City finds that a person has violated a prohibi- tion or failed to meet a requirement of this chapter, the City may order compli- ance by written notice. Such notice must specify the violation and shall be hand - delivered, sent by registered mail to the owner or operator of the facility, adhered to an entrance door of the facility, left at the facility with an occupant of an age suitable for the purposes of delivering notice, or delivered by a method reasonably designed to give notice to the owner or operator. Such notice may require: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit discharges or illegal connections; (3) That violating discharges, practices or operations cease and desist; (4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or (5) The implementation of source control or treatment best management prac- tices. (b) If abatement of a violation or restoration of affected property is required, the no- tice shall set forth a deadline within which such renediation or restoration must be completed. The notice shall further advise that, should the facility owner or operator fail to remediate or restore within the established deadline, a legal ac- tion for enforcement may be initiated. (c) Any person receiving a notice of violation must meet compliance standards within the period of time established in the notice of violation. (d) Administrative Hearing. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the City shall schedule an ad- ministrative hearing before the Director of Public Safety or his or her designee to determine reasons for non - compliance and to determine the next enforcement