Duluth UDC § 1028.05

1. Violations. a. It shall be a violation of this Code Division for any person to violate any provision or fail to comply with any of the requirements of this Code Division. Any person who has violated or continues to violate the provisions of this Code Division may be subject to the enforcement actions outlined in this Section 1028.05. Each day of noncompliance is considered a separate offense. The department may institute appropriate action or proceedings at law or equity for the enforcement of this Code Division. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Nothing herein contained shall prevent the department from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief. b. In the event the violation constitutes an immediate danger to public health or public safety, the department has the right but not the duty, to enter upon the subject private property or premises, without giving prior notice, and take any and all measures necessary to abate the violation and/or restore the property. The department is authorized to seek costs of the abatement as outlined in Section 1028.07. 2. Notice of Violation. Whenever the department finds that a violation of this Code Division has occurred, the department may order compliance by written notice of violation. a. The notice of violation shall contain: i. The name and address of the alleged violator; ii. The address when available or a description of the building, structure, premises or land upon which the violation is occurring, or has occurred; iii. A statement specifying the nature of the violation; iv. A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action; v. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and vi. A statement that the determination of violation may be appealed to the department by filing a written notice of appeal within 30 days of service of notice of violation. b. Such notice of violation may require without limitation: i. The performance of monitoring, analysis, and reporting; ii. The elimination of illicit discharges and illegal connections; iii. That violations of this article shall cease and desist; iv. The abatement of non-stormwater discharges, the remediation of land or the effects of pollution, and the restoration of any affected property to its unaffected condition; v. Payment of costs to cover administrative and abatement costs; and, vi. The implementation of pollution prevention practices; and vii. The development and provision to the department of written remediation or action plans; and viii. The development and provision to the department of documents showing the location and discharge points of conveyances, pipes, channels, or drains; and ix. Any other actions that will lead to the remedy of a condition of violation of this Code Division. 3. Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the Director or his/her designee. The notice of appeal must be received by the department within 30 days from the date of the notice of violation. Hearing on the appeal before the Director shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Director shall be final. 292 | P a g e Article Ten. Erosion Control and Stormwater Management