13.25.150 Enforcement.
(1) The Director of Public Works is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder, pursuant to the enforcement and penalty provisions of this section and Chapter 1.30 CMC.
(2) The Director will gain compliance with this chapter by requiring the implementation of BMPs and, when necessary, AKART. The Director will initially rely on education and informational assistance as much as possible to gain compliance with this chapter, unless the Director determines a violation is a result of a flagrant act that should be addressed through immediate penalties or poses a hazard as defined in this chapter.
(3) The Director, in consultation with other City Departments, will develop and implement additional enforcement procedures. These procedures shall indicate how the City will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the enforcement procedures.
(4) The Director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. Such inspections will be made as follows:
(a) The Director may observe best management practices or examine or sample surface and stormwater or groundwater as often as may be necessary to determine compliance with this chapter. Whenever an inspection of a property is made, the findings shall be recorded and a copy of the inspection findings shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection findings.
(b) When the Director has made a determination under subsection (4)(a) of this section that any person is violating this chapter, the Director may require the violator to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the Director. If the violator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the City of Covington Department of Public Works.
(5) In addition to any other penalty or method of enforcement, the prosecuting attorney may bring actions for injunctive or other relief to enforce this chapter. (Ord. 13-09 § 10 (Exh. 2); Ord. 37-02 § 2 (9.04.180))