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17.38.045 Enforcement.

A.  Violations. It is a violation for any person to fail to comply with the requirements of this Chapter and associated rules. Each day a violation occurs or continues may be considered a separate violation. BES will determine, subject to reasonable rebuttal evidence, the person or persons responsible for compliance including, but not limited to, the owner or owners of the facility, the owner or owners of the property, anyone known or suspected to have caused the violation, or any combination thereof. Violations of this Chapter or associated rules include, but are not limited to:

1.  Failure to construct stormwater management or source control facilities to the standards of the City’s Stormwater Management Manual, Source Control Manual or Section 17.38.035;

2.  Failure to comply with a written order of the Director, made under authority of this Chapter, within the specified time;

3.  Failure to comply with any condition of an O & M plan or agreement issued under the authority of this Chapter or rules within a specified time;

4.  Failure to maintain a stormwater management or source control facility leading to a potential or actual operating deficiency of the facility;

5.  Failure to have a properly recorded, accurate O & M form or plan, as appropriate, on file with BES;

6.  Failure to comply with enforcement actions as identified in the BES Enforcement Program Administrative Rules;

7.  Failure to comply with drainage reserve rules in the City’s Stormwater Management Manual.

B.  Enforcement Tools. BES may use any or all of the following tools to enforce this Chapter or associated administrative rules: notice of investigation, warning notice, notice of violation, compliance order, requirement to obtain a permit, notice of termination, withholding of permits, violation abatement, legal action, criminal case referral, or referral to other regulatory agencies. BES enforcement actions are described in program-specific administrative rules and the BES Enforcement Program Administrative Rules.

C.  Civil Penalties. Persons violating this Chapter or associated rules may be assessed civil penalties of up to $10,000 per day per violation according to program-specific administrative rules and the BES Enforcement Program Administrative Rules.  Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.

D.  City Summary Abatement. To the extent permitted by law, the Director may recover from the person or persons responsible for the violation all costs incurred by the City to summarily abate the following:

1.  A violation that is not remedied through required corrective actions;

2.  A situation that poses an imminent danger to human health, public safety, or the environment; or

3.  Continued noncompliance with the City Code or associated rules.

E.  Notice to responsible parties prior to summary abatement is not required. Following summary abatement, BES will notify all persons identified as having directed or benefitted from the violation. An error in the name of a property owner or address listed in the county assessment or taxation records will not affect the sufficiency of the notice. BES will bill each responsible party that BES determines caused, contributed to, or benefitted from the violation in order to recover the costs of the abatement.

F.  Cost Recovery.  The Director may recover from the person or persons responsible all reasonable costs incurred by the City that are attributable to or associated with the violations of this Chapter or associated rules.

G.  Nothing in this Chapter is intended to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.

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