A. A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval or order issued, who undertakes new development without first obtaining city approval, or who fails to comply with a stop work or compliance order issued under this chapter shall be subject to enforcement action pursuant to Section 13.46.360.

B. Separate Violations. Each day of continued violation or repeated violation shall constitute a separate violation.

C. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation of this chapter.

D. Application for Remission or Mitigation. Any person incurring a monetary penalty pursuant to issuance of a notice of violation may apply in writing within ten days of receipt of the notice of violation to the city for remission or mitigation of the monetary penalty set forth in the notice of violation. Upon receipt of the application, the city may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Filing an application for remission or mitigation shall not toll the time period to file an appeal of the notice of violation.

E. Penalties Due. Penalties imposed under this chapter shall become due and payable thirty days after receiving the notice of civil infraction or notice of violation, unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the city is not paid within the time specified, the city may take actions necessary to recover such penalty.

F. Penalties Recovered. Penalties recovered shall be paid to a specific budget line item account within the utility fund dedicated to enforcement and/or enhancement of the storm water management program. (Ord. 1032-10 § 2).