Chapter 12.80
ENFORCEMENT
Sections:
12.80.010 Notice of violation.
12.80.020 Compliance schedule.
12.80.030 Appeal.
12.80.040 Abatement by City.
12.80.050 Recovery of abatement costs.
12.80.060 Immediate abatement.
12.80.070 Penalties for violations.
12.80.080 Compensatory action.
12.80.090 Violations deemed a public nuisance.
12.80.010 Notice of violation.
Whenever the Director finds that a person has violated a provision of this chapter, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or illegal discharges;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) The implementation of source controls or treatment best management practices; and
(6) The submittal of a compliance schedule.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which a compliance schedule for such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore the affected property within the deadlines established by and agreed to in the compliance schedule, the work will be done by the City or a contractor designated by the Director and the expense thereof shall be the responsibility of the violator pursuant to AMC 12.80.040 through 12.80.060. (Ord. 5498 § 1, 2001).
12.80.020 Compliance schedule.
Following a release to the environment, the Director may require the discharger to submit a compliance schedule. This schedule will be a detailed outline of actions to be taken to correct, clean, remediate, or restore the environment, structures, or property harmed by the release. The schedule will also address measures to prevent recurrence of the problem. The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the user meeting applicable standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).
(2) No increment referred to in subsection (1) of this section shall exceed nine months.
(3) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director.
(4) Any other information as may be deemed by the City to be necessary to evaluate the schedule.
(5) The schedule shall be signed by an executive officer and, when required by the City, a qualified engineer, where applicable. Within 30 days after full evaluation and acceptance of the data furnished, the City shall notify the user of the City’s acceptance or rejection thereof. (Ord. 5498 § 1, 2001).
12.80.030 Appeal.
Notwithstanding the provisions of AMC 12.80.060, any person receiving a notice of violation under AMC 12.80.010 above may appeal the determination of the Director. The appeal must be in writing and must be received by the City Manager within seven days of receipt of the notice of violation. If requested in writing, a hearing on the appeal shall be scheduled before the City Council of the City of Albany, or such Appeal Hearings Officer as the City may appoint for such purpose. The City Manager shall have the authority and discretion to appoint a Hearings Officer or direct the appeal to the City Council. Thereafter, the City Council or the Appeal Hearings Officer may render its decision based upon the record of the hearing on the notice of violation, grant an additional hearing to take additional evidence, or conduct a de novo hearing.
The City Council, or Appeal Hearings Officer, in consultation with the City Attorney, shall establish rules and procedures for the conduct of the appeal in order to accord the discharger minimum due process. The burden of proof, on appeal, shall remain with the City by a preponderance of the evidence. The City Council or Appeal Hearings Officer, shall affirm, reverse, or modify the findings, conclusions, and requirements of the notice of violation and shall serve its decision, in writing, upon the discharger. The decision of the City Council or Appeal Hearings Officer shall be final. (Ord. 5498 § 1, 2001).
12.80.040 Abatement by City.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under AMC 12.80.030, within 10 days of the decision of the City Council or Appeal Hearings Officer upholding the decision of the Director, then the City or a contractor designated by the Director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 5498 § 1, 2001).
12.80.050 Recovery of abatement costs.
(1) Within 30 days after abatement of the nuisance by City, the Director or his designee shall prepare a recap of all costs incurred to abate the nuisance, including administrative costs.
(2) A summary of costs shall be mailed by registered or certified mail to the same person or persons to whom the notice of violation was sent per AMC 12.80.010, or their successors in title, and shall advise of the City’s intent to assess said costs against the real property and shall further advise the owner/owners of their right to a hearing before the City Council prior to assessment upon receipt by the Director, within 15 days of the date of mailing, of a written request for a hearing.
(3) If the costs of abatement are not paid to the City within 30 days from the date of the mailing of the summary of costs, said summary shall be presented to the City Council and if the Council finds said costs to be reasonable, the Council shall pass an ordinance directing the amount of said costs be entered in the docket of City liens; and upon such entry being made, said costs shall constitute a lien upon the property in question. Prior to passing said ordinance, the Council will afford the property owner/owners a right to be heard by the Council if a written request for hearing has been received by the Director within 30 days of the date of mailing of the aforesaid summary of costs.
(4) The lien shall be enforced and shall bear interest at a rate to be determined by the Council at the time of the ordinance referred to above. The interest shall commence from the date of entry of the lien in the lien docket and shall have priority over all other liens and assessments to the maximum extent permitted by law.
(5) An error in the name of the property owner/owners/agents shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 5498 § 1, 2001).
12.80.060 Immediate abatement.
The Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the environment or the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director, the City of Albany is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Albany shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this chapter. (Ord. 5498 § 1, 2001).
12.80.070 Penalties for violations.
(1) It shall be a misdemeanor punishable under the general penalty provisions of Chapter 1.04 AMC for any person to violate any provision or fail to comply with any of the requirements of this chapter. The maximum fine or penalty imposed by the municipal court shall be no less than $250.00 for each violation and no part of the fine shall be suspended. Each day upon which a violation occurs or continues shall constitute a separate violation.
(2) The City may commence an action for appropriate legal and/or equitable relief in the appropriate local court to enforce the penalty or remedy imposed by the City hereunder. (Ord. 5498 § 1, 2001).
12.80.080 Compensatory action.
In-lieu-of enforcement proceedings, penalties, and remedies authorized by this chapter, the Director may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 5498 § 1, 2001).
12.80.090 Violations deemed a public nuisance.
In addition to the enforcement processes and penalties herein before provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the environment, public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. (Ord. 5498 § 1, 2001).