A. Notice of Violation, Corrective Action, and Penalties.
1. Upon discovery of a violation of this chapter, the city engineer, or authorized representative, may issue to the violator a written notice stating the nature of the violation, the corrective action required, the time frame for corrective action, and the penalties for continued noncompliance. The statement shall inform the owner or occupant that failure to pay the penalties will result in a lien against the property. The notice shall be served either by personal service or certified mail, upon the owner, the owner’s agent, the occupant, or the lessee. The notice may also be delivered by posting upon the facility at location(s) where it is likely to be seen. The notice may also require the violator to:
a. Submit a corrective action plan to the city engineer indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance schedule;
b. Pay all costs of sampling and analysis, as well as costs for laboratory sample analysis;
c. Clean up any material that has left the property or has the potential to impact storm water runoff, ensure that the cleanup has been completed, and make changes in operations to prevent future releases;
d. Obtain and pay for the services of a qualified person to oversee and certify that corrective actions needed to resolve the violation have been completed;
e. Prepare and implement a best management practices plan to prevent storm water pollution, regardless of AZPDES/NPDES requirements;
f. Stop work on clearing, dredging, grading, excavating, storing, transporting, and/or filling of land, new construction, improvements, alterations, or additions;
g. Stop any activity that is in violation of this chapter;
h. Abate, within the time specified in the notice, any condition that is in violation of this chapter; and
i. Abate immediately any condition in violation of this chapter, if the city engineer or authorized representative determines that such condition presents an immediate threat to public health, safety, or the environment.
2. If violator refuses or is unable to immediately abate a condition that presents an immediate threat to public health, safety or the environment, the city may use all means necessary to abate the incident to protect the public health, safety or the environment and the city may charge all costs of such abatement to the violator.
3. The city may approve the compliance schedule or corrective action plan utilizing best management practices submitted by the violator, or may require an alternative compliance schedule or corrective action plan utilizing best management practices. This shall be done within the period specified in the notice. If the city discovers a condition that is likely to cause or is causing a discharge that threatens public health, safety or the environment, mitigation may include an immediate cessation of activity and abatement.
4. The remedies in this section are cumulative and the city may seek one or more such remedies.
5. It is a civil infraction for any person to violate this section or fail to comply with a notice of violation issued under this section.
6. Any person violating this section shall be liable to the city for all damages, costs, fines and penalties incurred by the city as a result, and shall defend, indemnify, and hold harmless the city against any resulting claims, liabilities or damages.
B. Appeal of Violation. Any person receiving a notice of violation may appeal the determination. The notice of appeal must be received by the city engineer within 10 calendar days from the date of the notice:
1. The appeal must be in writing, state the objection to the notice of violation, provide a mailing address for a response, and be mailed or delivered to the city engineer.
2. The city engineer may, within 10 working days of the receipt of an appeal, provide a written response to the person appealing which shall be delivered either by mail or by personal delivery. No response within 10 working days shall be deemed to be a denial of the appeal.
3. Appeal of the city engineer response or lack thereof to the notice of appeal shall be in accordance with Chapter 3.10 SCC if the claim is monetary in nature. The cause of action shall be deemed the notice of violation.
4. If the claim or demand is other than solely monetary in nature, appeal of the city engineer response or lack thereof shall be made to the city manager. Notice of such appeal shall be mailed to the city attorney who shall schedule a hearing to be conducted by the city manager, who shall admit all probative and reliable evidence without regard to formal rules of evidence or procedure. The person requesting an appeal may be heard in person and/or by an authorized representative at such hearing. Following the hearing, the city manager shall issue a decision as to whether the notice of violation was supported by the evidence.
5. Appeal of the city manager decision may be made in a court of competent jurisdiction.
C. Cost of Abatement of the Violation. Within 30 calendar 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 15 calendar days. If the amount due is not paid within 15 calendar days or by the time in which to file for an appeal is expired, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The assessment shall be recorded in the office of the Yavapai County recorder or Coconino County recorder, including the date, amount of the assessment, and the legal description of the property against which the assessment is made. From the date of its recording, the assessment shall be a lien on the property and shall accrue interest at the rate prescribed by A.R.S. Section 44-1201. The city shall have the right to bring an action to enforce the lien in the superior court of Yavapai County at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording of the assessment.
D. Injunctive Relief. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate any provisions of this chapter, the city may petition the Yavapai County superior court for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
E. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided herein, if any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance by the city, such condition may be immediately 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. Nuisances under this chapter are also subject to enforcement under Chapter 8.10 SCC, Article I.
F. Remedies Not Exclusive. 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 city to seek cumulative remedies. The city may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. [Code 2006 § 14-1-15. Ord. 2007-17, 11-13-2007; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014].