2025 3 10 Work Session Packet 1

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ORDINANCE NO. 1138 
Page 17 of 19 
 
(d) Stop Work Orders – Stop work orders that require construction activities to be 
halted, except for those activities directed at cleaning up, abating discharge, and 
installing appropriate control measures. 
(e) Withholding of Plan Approvals or Other Authorizations – Where a facility is in 
noncompliance, the City’s own approval process affecting the facility’s ability to 
discharge to the MS4 can be used to abate the violation. 
(f) Additional Measures – The City may also use other escalated measures provided 
under local legal authorities. The City may perform work necessary to improve 
erosion control measures and collect the funds from the responsible party in an 
appropriate manner, such as collecting against the project’s bond or directly 
billing the responsible party to pay for work and materials. 
(2) Notification of violation:  
(a) Verbal warning.  Verbal warning may be given at the discretion of the inspector 
when it appears the condition can be corrected by the violator within a reasonable 
time, which time shall be approved by the inspector.  
(b) Written notice.  Whenever the City finds that any permittee or any other person 
discharging stormwater has violated or is violating this ordinance or a permit or 
order issued hereunder, the City may serve upon such person written notice of the 
violation.  Within ten (10) days of this notice, an explanation of the violation and 
a plan for the satisfactory correction and prevention thereof, to include specific 
required actions, shall be submitted to the City.  Submission of this plan in no 
way relieves the discharger of liability for any violations occurring before or after 
receipt of the notice of violation. 
(c) Consent orders.  The City is empowered to enter into consent orders, assurances 
of voluntary compliance, or other similar documents establishing an agreement 
with the person responsible for the noncompliance.  Such orders will include 
specific action to be taken by the person to correct the noncompliance within a 
time period also specified by the order.  Consent orders shall have the same force 
and effect as administrative orders issued pursuant to paragraphs (d) and (e) 
below. 
(d) Show cause hearing.  The City may order any person who violates this chapter or 
permit, or order issued hereunder, to show cause why a proposed enforcement 
action should not be taken.  Notice shall be served on the person specifying the 
time and place for the meeting, the proposed enforcement action and the reasons 
for such action, and a request that the violator show cause why this proposed 
enforcement action should not be taken.  The notice of the meeting shall be served 
personally or by registered or certified mail (return receipt requested) at least ten 
(10) days prior to the hearing. 
(e) Compliance order.  When the City finds that any person has violated or continues 
to violate this chapter or a permit or order issued thereunder, he may issue an 
order to the violator directing that, following a specific time period, adequate 
structures or devices be installed and/or procedures implemented and properly 
operated.  Orders may also contain such other requirements as might be 
reasonably necessary and appropriate to address the noncompliance, including the 
construction of appropriate structures, installation of devices, self-monitoring, and 
management practices. 
(f) Cease and desist and stop work orders.  When the City finds that any person has 
violated or continues to violate this chapter or any permit or order issued 
hereunder, the City may issue a stop work order or an order to cease and desist all 
such violations and direct those persons in noncompliance to: 
(i) Comply forthwith; or 
(ii) Take such appropriate remedial or preventive action as may be needed 
to properly address a continuing or threatened violation; including 
halting operations except for terminating the discharge and installing 
appropriate control measures. 
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