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FINAL ORDINANCE NO. 2012-059
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FINAL ORDINANCE NO. 2012-059
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150.311 RIGHT OF ENTRY <br />(A) The City of Lake Elmo shall be permitted to enter and inspect facilities subject to <br />regulation under this ordinance as often as may be necessary to determine compliance <br />with this ordinance, including the right to set up, or require facilities owner to set up <br />devices necessary to conduct monitoring and/or sampling of the facilities storm water <br />discharge. <br />150.312 ENFORCEMENT <br />(A) Enforcement <br />(1) The City of Lake Elmo shall be responsible for enforcing this ordinance. <br />(B) Penalties <br />(1) Any person, firm or corporation failing to comply with or violating any of the <br />provisions of this ordinance, shall be deemed guilty of a misdemeanor, and each <br />day during which any violation of any of the provisions of this ordinance is <br />committed, continued or permitted, shall constitute a separate offense. All land use <br />and building permits shall be suspended until the applicant has corrected any and <br />all violations. <br />(C) Emergency Cease and Desist Orders <br />(1) When the City of Lake Elmo finds that any person has violated, or continues to <br />violate, any provision of this ordinance, or any order issued hereunder, or that the <br />person's past violations are likely to recur, and that the person's violation(s) has <br />(have) caused or contributed to an. actual or threatened discharge to the MS4 or <br />waters of the state which reasonably appears to present an imminent or substantial <br />endangerment to the health or welfare of persons or to the environment, the City <br />of Lake Elmo may issue an order to the violator directing it immediately to cease <br />and desist all such violations. <br />(D) Suspension Due to the Detection of Illicit Discharge <br />(1) Any person discharging to the MS4 in violation of this ordinance may have their <br />MS4 access terminated if such termination would abate or reduce an. illicit <br />discharge. Such suspension may also be imposed if it is necessary to stop an actual <br />or threatened discharge which presents or may present imminent and substantial <br />danger. <br />(E) Violations Deemed a Public Nuisance <br />(1) In addition to the enforcement processes and penalties provided, any condition <br />caused or permitted to exist in violation of any of the provisions of this ordinance <br />is a threat to public health, safety, and welfare, and is declared and deemed a <br />nuisance, and may be summarily abated or restored at the violator's expense; <br />anal/or a civil action to abate, enjoin, or otherwise compel the cessation of such <br />nuisance may be taken. <br />E3 <br />
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