(B) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, maintained, or kept, except in appropriate containers or in lawfully established dumping grounds, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations into or upon any component of the City storm sewer system or upon any public property. Additionally, no person shall do the same upon any private property in such a manner that could reasonably result in the release of pollutants to the City storm sewer system.
(C) Persons owning or operating a parking lot, storage or loading area, or similar property which is exposed to rainfall shall maintain those properties in a manner so that any release from such properties does not cause or contribute to a violation of Section 8-5-2.
(D) Any person performing construction activities shall undertake appropriate best management practices to minimize the release of pollutants and sediment to the maximum extent practicable. Such best management practices shall include the requirements imposed by both of the following
8-5-8: CIVIL VIOLATIONS AND CITATON
(C) The responsible party shall, within the time period specified on the citation or within 10 calendar days of the issuance of the citation, whichever is greater, either pay the civil sanction and the fees, or appear in person, through an attorney or by e-mail with the clerk of the Civil Hearing Officer and admit or deny the allegations contained in the citation.
- If the responsible party timely pays the civil sanction and the fees, either in person or by mailing payment to the City, the allegations in the citation shall be deemed admitted and such person shall be deemed responsible for having committed the offense(s) described in the citation. If the responsible party appears in person, through an attorney or by e-mail and admits the allegations, the Civil Hearing Officer shall enter judgment against the responsible party in the amount of the civil sanction, plus any applicable fees designated in Section 8-5-9
- If the responsible party appears in person, through an attorney or by e-mail and denies the allegations contained in the citation, the clerk of the Civil Hearing Office shall set the matter for hearing.
(D) If a person served with a citation fails to pay the civil sanction and the fees or to file on or before the time directed on the citation or at the time set for hearing by the Civil Hearing Officer, the allegations in the complaint shall be deemed admitted, and the Civil Hearing Officer shall enter a finding of responsible and a judgment for the City and impose the appropriate sanctions and fees.
8-5-9: CIVIL PENALTIES
(A) Any responsible party who is found responsible for a civil violation of this Chapter, whether by admission, default, or after a hearing, shall pay a civil sanction of not less than $150 or more than $1,500. A second finding of responsibility within 36 months of the commission of a prior violation of this Chapter shall result in an enhanced civil sanction of not less than $250 or more than $2,500. A third finding of responsibility within 36 months of the commission of a prior violation of this Chapter shall result in an enhanced civil sanction of not less than $500 or more than $2,500. In addition to the civil sanction, the responsible party shall pay the applicable fees and charges set forth in the City’s Development and Sustainability Department (Code Compliance) Schedule of Fees and Charges, and may be ordered to pay any other applicable fees and charges.
