13.15.120 Enforcement methods.
The following enforcement methods shall apply to provisions set forth in Chapters 13.20, 13.25, 13.30 and 13.35 TMC.
(a) Abatement of Nuisance. Once the property owner has been given notice and opportunity to correct the violations and then failed to do so, the City shall be authorized to abate the violation in accordance with K.S.A. 12-1617e, as amended, which may result in a service assessment and lien imposed pursuant to TMC 3.45.090 et seq. or K.S.A. 12-6a17 and amendments thereto.
(b) Emergency Provisions.
(1) Immediate Abatement. The Utilities Director is authorized to require immediate abatement of any violation of the provisions set forth in Chapters 13.20, 13.25, 13.30 and 13.35 TMC that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Utilities Director, the City may abate the violation. Any costs of abating incurred by the City 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 article.
(2) Emergency Water Shut-Off. In addition to any other remedies available under this article, the Utilities Director shall be authorized to order the shut-off of water to the property to eliminate an immediate threat to the health, safety, or well-being of the public.
(3) Placarding. Whenever the Utilities Director determines that there has been a violation of any provisions set forth at Chapter 13.20, 13.25, 13.30 or 13.35 TMC or has reasonable grounds to believe that a violation has occurred that is an immediate threat to the health, safety, or well-being of the public, the Utilities Director shall have the authority to order the immediate removal of persons from their property and shall give notice to the owner or the person or persons responsible therefor in the manner prescribed below. Such written notice shall contain the following:
(i) The street address or a legal description sufficient for identification of the premises at which the violation is occurring.
(ii) A clear statement of violation and code section in violation.
(iii) If applicable, notice may contain a statement of the corrective action required to be taken as determined by the Utilities Director.
(4) Stop Work Order.
(i) Authority. Whenever the Utilities Director finds any construction activity being performed is either in violation of the provisions set forth in Chapters 13.20, 13.25, 13.30 and 13.35 TMC, applicable permit, or is dangerous or unsafe, the Utilities Director is authorized to issue a stop work order.
(ii) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(iii) Unlawful Continuance. It shall be unlawful for any person to continue to work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition.
(5) Injunctions. Whenever a violation of the provisions set forth in Chapter 13.20, 13.25, 13.30 or 13.35 TMC causes or threatens to cause a condition of contamination, pollution or nuisance, the Utilities Director may petition the district court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such violation.
(6) Injunctive Relief. When the Utilities Director finds that a user has violated, or continues to violate, any provision of Chapters 13.20, 13.25, 13.30 and 13.35 TMC, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Utilities Director may petition the district court through the City Attorney or such other attorney engaged by the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, or other requirement imposed by this chapter on activities of the user. The Utilities Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user 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 user.
(7) Administrative Orders. The Utilities Director may issue an order directing a user to take certain action to resolve any violations. Orders may contain any requirements reasonably necessary and appropriate to address the noncompliance, including, but not limited to, the installation of treatment technology, conducting additional self-monitoring and implementing best management practices. Orders may include a consent order, compliance order, show cause order, or a cease and desist order.
(8) The Utilities Director shall annually publish in the official City newspaper or such other official City publication a list of the industrial users that were in significant noncompliance of any pretreatment requirements or standards during the previous calendar year. The notification shall also summarize any enforcement actions taken against an industrial user, by the City, during the same 12 months. (Ord. 20089 § 39, 10-17-17.)