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(1) Enforcement Authority. The Public Works Director, or the Director’s designee, shall have the authority to issue notices of violation, stop work orders and to impose civil penalties for any violation of this Title.

(2) Notice of Violation. Whenever the Public Works Director or the Director’s designee finds that a person has violated any of the provisions of this Title, the Director or the Director’s designee may issue a written notice of violation. Such notice shall comply with the provisions of Section 17.03.020, Provo City Code, and may require any or all of the following:

(a) Elimination of illicit connections or discharges;

(b) That the violating discharges, practices, or operations shall cease and desist;

(c) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

(d) Payment to cover remediation costs incurred by the City;

(e) The implementation of proper BMPs to prevent future occurrences.

Within ten (10) days of the date of the notice, the violator shall submit to the Public Works Director or the Director’s designee a plan for the satisfactory correction of the discharge or a request for an administrative hearing. The Public Works Director or the Director’s designee may skip the notice requirements set forth in this Section and immediately proceed with civil and/or criminal action against the violator if (1) the violator has committed the same violation in the past, or (2) the violation, in the opinion of the Director or the Director’s designee creates a serious risk to the public, the environment, or property, or (3) the Director or the Director’s designee deems the violation an emergency.

(3) Stop Work Order. Where there is work in progress that causes or constitutes a violation of any provision of this Title, the Public Works Director or the Director’s designee is authorized to issue a stop work order to prevent further or continuing violations and/or adverse effect. All persons to whom the stop work order is directed, or who are involved, in any way, with the work described in the stop work order shall fully comply therewith. In situations which may be deemed a risk to the public health or safety, the Director or the Director’s designee may also undertake or cause to be undertaken any necessary or advisable protective measures to correct the violation and prevent further unauthorized discharge, the cost of which shall be the responsibility of the owner of the property upon which the work is being done and any person carrying out or participating in the work. Such costs shall be a lien upon the property. In cases where the violation is associated with work permitted by the City and a bond was required, the costs may be applied to the bond in lieu of a lien upon the property, at the discretion of the City. In cases where the costs exceed available bond monies, the responsible party shall not be granted new permits by the City until the costs have been repaid to the City in full.

(4) Penalties. A first offense violation of any provision of this Title is a Class C misdemeanor with a penalty of no less than fifty dollars ($50.00) and no more than one thousand dollars ($1,000.00) per violation per day. A second offense violation of any provision of this Title is a Class C misdemeanor with a penalty of no less than one hundred dollars ($100.00) and no more than one thousand dollars ($1,000.00) per violation per day. A third offense violation of any provision of this Title is a Class C misdemeanor with a penalty of no less than two hundred dollars ($200.00) and no more than one thousand dollars ($1,000.00) per violation per day, and an automatic stop work order. Each day that a violation occurs or continues shall constitute a separate and distinct offense.

If, as the result of the violation of any provision of this Title, the City, or any other party, suffers damages and is required to make repairs and/or replace any materials, the cost of such repair, disposal, and/or replacement shall be borne by the violating party and shall be in addition to any criminal or civil fines and/or penalties. In cases where the violation is associated with work permitted by the City and a bond was required, the costs may be applied to the bond in lieu of a lien upon the property, at the discretion of the City. In cases where the costs exceed available bond monies, the responsible party shall not be granted new permits by the City until the costs have been repaid to the City in full.

(5) Administrative Hearing. A person or entity served a notice of violation of any of the provisions of this Title shall have the right to an administrative hearing. A request for such hearing shall be in writing and shall be filed, with the Public Works Director or the Director’s designee within ten (10) days from the date of service of the notice. Failure to request an administrative hearing shall constitute a waiver to an administrative hearing and a waiver of the right to appeal. Administrative hearings shall adhere to the provisions of Chapter 17.02, Provo City Code.

(6) Violators of this Title may be subject to prosecution, fines, and penalties from the State of Utah and the United States EPA. Nothing in this Title shall be interpreted to relieve any person from an obligation to comply with applicable Federal, State or local laws related to storm water discharge or drinking water protection.

(Enacted 2014-21, Am 2019-66, Am 2021-27)