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1. Ordinance 1634 - Illicit Stormwater Discharge Regulations - 2nd ReadingCity of Kalispell Charles A. Harball office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kallspell.com SUBJECT: ordinance 1634 - Illicit Discharge to Stormwater System Ordinance — Second Reading MEETING DATE: Monday, March 3, 2008 - Regular Council Meeting BACKGROUND: The City's MS4 General Permit requires the City to implement a Stormwater Management Program which consists of six minimum measures and water quality controls for discharge to impaired water bodies. one of the measures, Illicit Discharge Detection and Elimination, requires the City to 1) develop, implement, and enforce a program to detect and eliminate illicit discharges, 2) develop a storm sewer system map, and 3) effectively prohibit, through ordinance or other regulatory mechanism., non-stormwater discharges into the permitted municipal stormwater system and implement appropriate enforcement procedures and actions. Ordinance No. 1634 is being presented to Council on second reading to meet this need. It effectively prohibits illicit discharges into the City's stormwater systems and identifies enforcement procedures and actions. The target date for development and implementation of the ordinance is 2008. The ordinance addresses the following: • Categories of non-stormwater discharges or flows (i.e., illicit discharges) listed in the state general permit • occasional incidental non-stormwater discharges (e.g. non-commercial or charity car washes) that will not be addressed as an illicit discharge * Provisions prohibiting any individual non-stormwater discharge that is determined to be contributing significant amount of pollutants to the City's stormwater systems . Enforcement procedures and actions Memo to Council — Illicit Discharges to Stormwater System February 28, 2008 Page - 2 RECOMMENDATION: That Council consider and pass Ordinance No. 1634 on second reading so that the City may be compliant with its MS4 General Stormwater Permit requirements. The ordinance will become effective 30 days after passage of second reading. FISCAL EFFECTS: As previously explained to Council, there are and will continue to be costs associated with the City's mandated status as a MS4 permit holder. The costs to the City of being the local regulator and enforcer of stormwater regulations are currently within the budget. Any future changes to the state or federal stormwater requirements will need to be evaluated at that time. Respectfully submitted, f Charles arb , City Attorney Ja s H. Patrick, City Manager Office of City Attorney City of Kalispell ORDINANCE NO, 1634 AN ORDINANCE ESTABLISHING REGULATIONS CONTROLLING THE INTRODUCTION OF POLLUTANTS INTO THE CITY OF KALISPELL MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) IN COMPLIANCE WITH THE REQUIREMENTS OF THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM (MPDES) PERMIT PROCESS, ESTABLISHING PENALTIES FOR SUCH ILLICIT DISCHARGES AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is in the best interests of the health, safety, and general welfare of the citizens of Kalispell to provide municipal regulation of non -storm water discharges to the storm drainage system to such extent as required by federal and state law; and WHEREAS, such regulation should establish methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Montana Pollutant Discharge Elimination System (MPDES) permit process; and WHEREAS, The objectives of the regulating ordinance should be: (1) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user. (2) To prohibit illicit connections and discharges to the MS4. (3) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1 DEFINITIONS. For the purposes of this ordinance, the following terms shall mean: Authorized _Enforcement _Agency. Employees or designees of the director of the municipal agency designated to enforce this ordinance. Best Mannyement Practices BMPs . Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Cit . The City of Kalispell, the Department of Public works and its designees. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Construction Activity. Activities subject to MPDES Construction Permits and City Stormwater Management Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal_Discharge. Any direct or indirect non -storm water discharge to the storm drain system, except as exempted in Section 8 of this ordinance. Illicit Connections. An illicit connection is defined as: Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allows any non -storm water discharge including sewage, process wastewater, and/or wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as defined in 40 CFR, Section 122.26 (b)(14). Municipal Separate Storm Sewer System MS4 . The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, plan -made channels, or storm drains) owned and operated by the City of Kalispell and designed or used for collecting or conveying storm water, and that is not used for collecting or conveying sewage. National Pollutant Discharge Elimination System NPDES Storm Water Dischar e Permit. A permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.0 § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Non -Storm Water Discharge, Any discharge to the storm drain system that is not composed entirely of storm water. Person. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; sediment, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; 2 floatables; detergents, pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage _ System. Publicly -owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Management Plan. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm Water, Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. SECTION 2 APPLICABILITY. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Kalispell. SECTION 3 RESPONSIBILITY FOR ADMINIS TR.A. TION. The Kalispell City Department of Public Works shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Kalispell City Department of Public Works may be delegated in writing by the Director of the Public Works Department to persons or entities acting in the beneficial interest of or in the employ of the Department. SECTION 4 COMPATIBILITY WITH OTHER REGULATIONS. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. SECTION 5 SE VERA.BILI TY. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or 3 circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. SECTION 6 UL TI A. TE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person of this ordinance will. ensure that there will be a determination of no contamination, pollution, or unauthorized discharge of pollutants by a state or federal agency. SECTION 7 DISCHARGE PROHIBITIONS. 7J. Prohibition of Illegal Discharges. No person shall. throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this ordinance: a) A discharge or flow resulting from fire fighting by the Fire Department b) A discharge or flow from lawn watering, or landscape irrigation c) A discharge or flow from a riparian habitat or wetland d) A discharge of flow from a diverted stream flows, or natural spring e) Uncontaminated ground water infiltration, and rising ground waters f) A discharge or flow from individual residential car washing, g) Uncontaminated discharge of flow from a foundation drain, crawl space pumps, or footing drains h) A discharge of flow from a potable water sources not containing any harmful substance or material from the cleaning or draining of a storage tank or other container i) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant j) De --chlorinated drainage from private residential swimming pool and hot tubs. Drainage from swimming pool and hot tub filter backwash is prohibited (2) The following discharges are exempt from discharge prohibitions established by this ordinance with written permission from the Director of Public Works: a) A discharge flow from water line flushing or disinfection that contains no harmful quality of total residual chlorine or any other chemical used in line disinfection. b) A discharge or flow of uncontaminated stormwater and ground water pumped from an excavation c) A discharge or flow from pumped uncontaminated ground water 4 d) A discharge or flow from water used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance e) Discharges associated with dye testing f) Discharges associated with non-commercial or charity car washes (3) The prohibition shall not apply to any non -storm water discharge permitted under an MPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Montana Department of Environmental Quality (DEQ) provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has also been granted for such discharge to the storm drain system by the City of Kalispell Director of. Public works. 7.2. Prohibition of Illicit Connections. (1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (4) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Public works Department. (5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Kalispell requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Kalispell Public works Department. SECTIONS WATERCOURSE PROTECTION. Every person owning property through. which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. SECTION 9 INDUSTRL4L AND CONSTRUCTION ACTIVITY. 9.1. Submission of Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) to City of Kalispell 5 (1) Any person subject to an industrial or construction activity MPDES discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Kalispell Public Works prior to the allowing of discharges to the MS4. (2) The operator of a facility, including construction sites, required to have an MPDES permit to discharge storm water associated With industrial activity shall submit a copy of the Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP), to the City of Kalispell Public Works Department at the same time the operator submits the original NOI and SWPPP to the State Department of Environmental [duality (DEQ) as applicable. (3) The copy of the NOI and SWPPP shall be delivered to the City of Kalispell Public Works Department either in person or by mailing it to: City of Kalispell Public Works Department 201 First Avenue East Kalispell, MT 59901, (4) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having; submitted a copy of the NOI and SWPPP to do so to the City of Kalispell Public Works Department. SECTION 10 COMPLIANCE MONITORING. 10.1. Right of. Entry: Inspection and Sampling. The City of Kalispell shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. (1) If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. (2) Facility operators shall allow the City of Kalispell ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an MPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. (3) The City shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's storm water discharge. (4) The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. (5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator. (6) Unreasonable delays in allowing the City access to a permitted facility is a violation of a storm. water discharge permit and of this ordinance. A person who is the operator of a facility with an MPDES permit to discharge storm water associated with industrial activity commits 6 an offense if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. 10.2. Search warrants. If the City has been refused access to any part of the premise from which storm water is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search. warrant from any court of competent jurisdiction. SECTION 11 REQUIREMENT TO PREVENT", CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The City of Kalispell will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through. the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid MPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm pollution prevention plan (SWPPP) as necessary for compliance with requirements of the MPDES permit. SECTION 12 NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the City of Kalispell Director of Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Kalispell Department of Public works within seven (7) business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on --site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least five (5) years. Failure to provide notification of a release as provided above is a violation of this ordinance. 7 SECTION 13 VIOLATIONS, ENFORCEMENT, AND PENALTIES. 13.1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City of Kalispell is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement as outlined in Section 16. 1.3.2. Warning Notice. When the City finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the City may serve upon that .person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. 1.3.3. Notice of Violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the City may order compliance by written notice of violation to the responsible person. The Notice of Violation shall contain: (1) The name and address of the alleged violator; (2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (6) A statement that the determination of violation may be appealed to the Kalispell Municipal Court by filing a written notice of appeal within twenty (20) days of service of notice of violation; and (7) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Such notice may require without limitation: 8 (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit connections or discharges; (3) That violating discharges, practices, or operations shall cease and desist; (4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property (5) Payment of a fine to cover administrative and remediation costs; and (6) The implementation of source control or treatment BMPs. 13.4. Suspension of MS4 Access. 13.4.1. Emergency Cease and Desist Orders When the City finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the persons past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Kalispell Director of. Public Works may issue an. order to the violator directing it immediately to cease and desist all such violations and directing the violator to: (1) Immediately comply with all ordinance requirements; and (2) Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the City may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The City may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the City Director of Public Works that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the City Department of Public Works within three (3) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. 13.4.2. Suspension due to Illicit Discharges in Emergency Situations The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. 13.4.3. Suspension due to the Detection of Illicit Discharge I Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such. termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access. The violator may petition the City Director of Public Works for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of. the City. 1.3.5. Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in. the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the City shall deem appropriate, after the City has taken one or more of the actions described above, the City may impose a penalty not to exceed one thousand $1,000 dollars (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. 13.6. Criminal Prosecution. Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of five hundred $SOD dollars per violation per day and/or imprisonment for a period of time not to exceed 180 days. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. SECTION 14 APPEAL OF NOTICE OF VIOLATION Any person receiving a Notice of Violation may appeal the determination of the City Director of Public works. The notice of appeal must be received within ten (10) days from the date of the Notice of Violation. Hearing on the appeal before the City Council shall take place within twenty (20) days from the date of receipt of the notice of appeal. The decision of the City Council shall be final. SECTION 15 ENFORCEMENT MEASURES AFTER APPEAL 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, within ten (10) days of the decision of the City Council upholding the decision of the City Director of Public Works, then representatives of the City shall enter upon the subject private property and are 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 government agency or designated contractor to enter upon the premises for the purposes set forth above. SECTION 16 COST OF ABATEMENT OF THE VIOLATION Within twenty (20) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within twenty (20) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration l0 of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Kalispell by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of ten (10) percent per annum shall be assessed on the balance beginning on the twentieth (20th ) day following discovery of the violation. SECTION 1.7 VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or restored at the violator's expense, pursuant to City ordinance, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. SECTION 18 REMEDIES NOT EXCLUSIVE The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City to seek cumulative remedies. The City may recover all attorneys fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. SECTION 19 This ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF I ALISPELL THIS 3RD DAY OF MARCH, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor 11