§ 50-510. Enforcement, penalties and legal proceedings.

(a)

All persons in violation of this regulation shall remedy such violations immediately. All persons in violation shall, in addition to all other required remedial actions, upon detection and/or written notification by the county, provide a written response outlining the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of the corrective measures. All such proposals for corrective action are subject to the approval of the county manager or designee.

(b)

The county manager or designee is authorized to issue cease and desist orders in the form of written official notices hand delivered or sent by registered mail to the person(s) believed to be responsible for the violation and/or the owner of the property from, or on which the violation is believed to be occurring. Specific activities and operations may be ordered to cease based upon the following conditions:

(1)

In a situation that may have a serious effect on the health, safety or welfare of the public or the environment, including the quality of stormwater in the county's MS4; or

(2)

When irreversible or irreparable harm may result, in the reasonable opinion of the county manager or designee, and immediate cessation of the activity is necessary to protect the quality of the stormwater in the county's MS4, the public or the environment.

(c)

Violations of this article are punishable as provided in section 1-7. Nothing therein shall preclude the county from electing one or more of these remedies concurrently.

(d)

Should any person responsible for a violation of this regulation fail to take the remedial action as required by the county, the county may take such remedial action, and all costs incurred by the county shall be the responsibility of the person or persons responsible for the violation, and the county may record a lien against the personal and/or real property of the violators to recover said costs and to collect all fines and penalties imposed.

(e)

In addition to the remedies provided herein, the county may make application to a court of competent jurisdiction for injunctive relief to restrain any person from violating or continuing to violate the provisions of this regulation. In addition, the county may also seek entry of a court order requiring restoration and mitigation of any impacted facilities, land or waters, and may request any other appropriate legal remedy, including reimbursement of court costs. The county shall be entitled to an award of attorney's fees in prosecuting such actions, together with all attorney's fees and costs on appeal.

(f)

Any fines or other funds received as a result of enforcement action under this regulation and which are not used for the specific purposes enumerated herein shall be deposited into the stormwater utility fund, established under County Code.

(Ord. No. 2009-05, § XI, 2-19-09)