Ch4.§3-12 · City of Nowthen public records

A. 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 water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. B. 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. C. In the event of a release of non-hazardous materials, said person shall notify the City of Nowthen 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 Nowthen within three (3) business days of the phone notice. D. 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 three (3) years. (Ordinance #32, adopted July 13, 2010) 4-3-13: ENFORCEMENT:   A. Notice. Whenever the City of Nowthen finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City of Nowthen may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 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; and 5\. Payment of all expenses incurred by the City of Nowthen related to administrative and remediation costs; and 6\. The implementation of source control or treatment BMPs. B. Action Required. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. C. Appeal. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. 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 appropriate authority or their designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. D. Post Appeal Enforcement. 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 of Nowthen upholding the decision of the authorized enforcement agency, then representatives of the City of Nowthen 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.   E. Abatement Costs. Within thirty (30) 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 according to State Statute. If the amount due is not paid within a timely manner as determined by the decision of the City of Nowthen or by the expiration 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. F. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. If a person has violated or continues to violate the provisions of this Section, the City of Nowthen may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. G. Compensatory Actions. In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the City of Nowthen may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or other actions approved by the City Council. H. 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 Section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. I. Criminal Prosecution. Any person violating any provision of this Section shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. K. Remedies Not Exclusive. The remedies listed in this Section 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 of Nowthen to seek cumulative remedies. (Ordinance #32, adopted July 13, 2010) 4-3-14: SEVERABILITY: The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section. (Ordinance #32, adopted July 13, 2010)   # SECTION 4 PARK RULES AND REGULATIONS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>4-4-1</td> <td>Definitions</td> </tr> <tr> <td>4-4-2</td> <td>Public Use</td> </tr> <tr> <td>4-4-3</td> <td>General Conduct - Personal Behavior</td> </tr> <tr> <td>4-4-4</td> <td>Recreational Activity</td> </tr> <tr> <td>4-4-5</td> <td>Motorized Vehicles and Parking</td> </tr> <tr> <td>4-4-6</td> <td>Enforcement</td> </tr> </table> 4-4-1: DEFINITIONS: For the purposes of this Section, the following definitions shall apply: Alcoholic Beverage: Includes any intoxicating beverage as defined by Minnesota law and includes beer and wine as further defined in this ordinance. Beach: Means that part of a body of water and shore designated for swimming. Controlled Substance: Means any drug substance or immediate precursor in schedules 1 through 5 of Minnesota Statutes, Section 152.02 Facility Use Permit: The written permission that must be obtained from the City of Nowthen to carry out a given activity. Motorized Recreational Vehicle: Any self-propelled, off the road or all-terrain vehicle including, but not limited to, snowmobile, mini-bike, amphibious vehicle, motorcycle, go- cart, trail bike, dune buggy, motorized skateboard or all-terrain cycle. Motorized Vehicle: Any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It does not include snowmobiles, manufactured homes, or park trailers. Parks, Open Space and Waterways: Any area located in the City which is reserved, designed, or used for active or passive recreation, and which is owned, operated, or controlled by the City. Person: Any person, firm, partnership, association, corporation, company or organization of any kind. Semi: Means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable park of its own weight or that of its load rests upon and   is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor semi trailer combination. For the purpose of registration, trailers coupled with a truck-tractor, semi trailer combination are semi trailers. (Ord. #20, adopted December 12, 2006)

Ch.4 § 3-12

Amendment history