16.05.050 Enforcement

16.05.050 Enforcement.

Violation of permits, plans, provisions, and/or performance standards authorized or contained in this title are subject to the following enforcement actions. With the exception of BC Chapter 16.10, which is based closely on long-standing clearing and grading standards, during the first year of implementation (January 30, 2012, through January 31, 2013), enforcement will be limited to education and administrative enforcement remedies as described in subsection (A) of this section. Thereafter judicial enforcement remedies may also be imposed in cases where education or administrative enforcement remedies are not proving to be effective in meeting the purpose of this title.

1. Withholding Inspections/Approvals. The City may withhold inspections or approvals for projects that are not in compliance with any provision of this title.

2. Notification of Violation. When the City determines that a land owner has violated or continues to violate any provision of this title including any permit, agreement or plan authorized by this title, the City may serve upon the owner a written notice of violation (NOV) describing the violation. Within five working days of the receipt of the notice or other deadline agreed to in writing by the City, an explanation of how the violation was rectified or a plan for the satisfactory correction and prevention, to include specific actions, shall be submitted by the land owner to the City. Submission of this plan does not relieve the owner of liability for any violations occurring before or after receipt of the NOV. Nothing in this title shall limit the authority of the City to take any action, including emergency actions, stop work orders, or any other enforcement action, without first issuing a NOV.

3. Consent Orders. The City may enter into voluntary compliance agreements with any land owner responsible for noncompliance. The voluntary compliance agreement will include specific action to be taken by the owner to correct the noncompliance within a time period specified by the agreement. The agreements shall be judicially enforceable. Use of a voluntary compliance agreement shall not be a bar against, or prerequisite for, taking any other action against the land owner.

4. Cease and Desist Orders. When the City determines that a land owner has violated (or continues to violate) any provision of this title including a clearing, grading and erosion control permit; performance standards; or any other required plan or other remedies provided for by this title, or that the owner’s past violations are likely to recur, the City may, in addition to other remedies provided by this title, issue an order to the land owner identifying the violation(s) and directing the land owner to cease and desist all violations and directing the owner to:

a. Immediately comply with all requirements; and

b. Take appropriate remedial or preventive action as needed to properly address the violation, including halting land clearing, grading or other land development actions. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the land owner.

5. Emergency Suspensions. The City may immediately suspend a land owner’s permit or approvals (after oral or written notice to the user identifying the violation and provide notice within two working days as to the violation to the permit holder) whenever the suspension is necessary to stop an actual, recurring or explicitly threatened action that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, property, or water quality in the City. The City may also immediately suspend a land owner’s permit or approvals (after notice and opportunity to respond) that presents or may present an endangerment to the environment.

Land owners notified of a suspension of their permit or approvals shall immediately stop or eliminate the violation. In the event of the owner’s failure to immediately comply voluntarily with the suspension order, at the owner’s expense, the City may take steps to prevent or minimize endangerment to any individuals or harm to the environment including unauthorized discharges to surface water and/or groundwater. The City shall allow the land owner to recommence land development activities for the site when the owner has demonstrated to the satisfaction of the City that the period of endangerment has passed. Notwithstanding any permit suspension, the land owner may take whatever action(s) are needed to correct the violations.

1. Injunctive Relief. The City may seek a temporary or permanent injunction from the Circuit Court for Deschutes County to restrain or compel specific performance of permits, plans, approvals, orders issued or other requirements imposed or authorized by this title on the land owner. The City may also initiate other action for legal and/or equitable relief, including a requirement for the land owner to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a land owner.

a. Violation of any provision of this title or of any permit or order issued under this title is a Class A civil infraction. Each day that a violation remains uncured in effect is a separate violation.

b. The City may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities (i.e., subsection (A)(5) of this section), including expenses related to stormwater BMP maintenance and/or repair, monitoring expenses, and the cost of any actual damages incurred by the City.

c. In determining the amount of civil penalty, the Municipal Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the owner’s violation, corrective actions by the owner, the compliance history of the owner, and any other factor as justice requires.

d. Initiation of a civil infraction proceeding shall not be a bar against, or a prerequisite for, taking any other action against a land owner.

3. Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a noncompliant land owner or other responsible person. The City is empowered to take more than one enforcement action against any noncompliant land owner or other responsible person. These actions may be taken concurrently. [Ord. NS-2176, 2012]