§ 23.11. Abatement of Illicit Discharges and Illicit Connections and Other Encroachments.

A.

When a notice of violation includes an order to abate an illicit discharge or an illicit connection, obstruction or other encroachment to a District storm drain or other facility, the responsible person shall obtain a permit from the District, in accordance with Section 19.05, prior to commencing any abatement work. The responsible person shall be liable to the District for all costs (including labor, material and equipment costs) reasonably incurred by the District for engineering and plan review and inspections in connection with any abatement or corrective work performed by the responsible person. The responsible person shall also be liable to the District for all costs (including labor, material and equipment costs) reasonably incurred by the District in connection with identifying, responding to or mitigating the discharge prior to abatement or correction by the responsible person.

B.

If the responsible person fails to abate or correct the violation within the specified correction period or any extension thereof granted by the enforcement officer, the Chief Engineer may perform any work that the Chief Engineer determines is necessary to abate or correct the violation. The responsible person shall be liable to the District for all costs (including labor, material and equipment costs) reasonably incurred by the District in performing such work. The responsible person shall also be liable to the District for all costs (including labor, material and equipment costs) reasonably incurred by the District in connection with identifying, responding to or mitigating the discharge prior to abatement or correction by the District.

C.

The Chief Engineer shall provide written notice of the costs incurred by the District to the responsible person and the responsible person shall pay all such costs within thirty (30) days of the date of the written notice.

(Ord. 2013-0034 § 3, 2013.)