The director shall have the authority to issue an enforcement order to an owner or responsible party to maintain or repair a component of a stormwater facility or stormwater drainage system, implement structural or operational source control BMPs, or address illicit discharges, spills or connections in accordance with the provisions of this chapter. The order shall include:
A description of the property, including the address and tax assessor number;
A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur;
A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and
A reasonable time to comply, depending on the circumstances, not to exceed six months.
Whenever any private or public construction work is being done contrary to the provisions of this chapter or any regulation adopted hereunder, the director is authorized to order the work stopped pursuant to Chapter 1.20 EMC and EMC 13.72.010.
The director may impose a maintenance inspection fee for any stormwater facilities or source control BMPs found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. Reinspection fees shall be applied if reinspection occurs beyond the normal routine of inspection and verification of maintenance or correction of non-stormwater discharges to the stormwater drainage system, surface water bodies, or ground water. The inspection fee and reinspection fee for maintenance shall be set forth in the city’s adopted fee schedule, which may be amended by city council from time to time.
If the enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater facilities, stormwater drainage systems source control BMPs, or to collect, remove, and contain an illicit discharge or illicit connection. Additionally, if at any time the city determines that the stormwater drainage system or any element of a stormwater drainage system creates any imminent threat to public health or welfare, the city may take immediate measures to remedy the threat. Under such circumstances no notice to the owner of the stormwater drainage system shall be required.
The owner of the stormwater facilities, stormwater drainage system(s) or source control BMPs shall assume all responsibility for the cost of any maintenance and for repairs to such facilities, system(s) or BMPs. The person responsible for the illicit discharge or illicit connection shall assume all responsibility for the cost of any cleanup or repairs. Such responsibility shall include reimbursement to the city within thirty days of the receipt of the invoice for any work the city performs pursuant to subsection (D)(4) of this section. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the city will be borne by the parties responsible for said reimbursements.
In the event the property owner fails to pay the city within thirty days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the property and will be filed with the county auditor within ninety days from the date of the completion of the work or such later date as may be determined by the director or designee. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the state of Washington.
Notwithstanding any other provision of this chapter, whenever the director finds that a violation of this chapter or rules or regulations adopted hereunder has created or is creating an unsanitary, dangerous, or other condition which, in the director’s judgment, constitutes an immediate hazard, the director may suspend or revoke any permit for which the approval of a stormwater site plan is required on the project or development where the violation exists and suspend or terminate operations under the permit immediately.
In addition to any other penalty imposed, the director may request that the city clerk revoke a person’s business license for any of the following reasons: (a) noncompliance with this chapter; (b) not allowing for inspection of their stormwater facility; or (c) nonpayment of any fines or inspection fees incurred by the owner of the utility account.
An enforcement order that has not been complied with may be recorded by the city with the Snohomish County auditor’s office. When all violations specified in the enforcement order have been corrected or abated, the director shall record a release of the order, if the underlying order was recorded. The release shall include a legal description of the property where the violation occurred and shall state, if applicable, that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property.
