§ 13.08.635. Cease-and-desist order—Compliance schedule.

When the city and/or the Massachusetts Water Resources Authority finds that any person is, or threatens to be, in violation of this chapter or the provisions of a permit issued under this chapter, the following actions may be taken (not exclusive of other remedies):

A.

The city and/or the Massachusetts Water Resources Authority may issue an order to cease and desist any violation, or prevent any threatened violation, to any person not complying, or threatening not to comply, with this chapter, and direct such person as follows:

1.

To comply forthwith;

2.

To comply in accordance with a time schedule set forth by the department of public works and/or the Massachusetts Water Resources Authority; or

3.

To take appropriate remedial preventive action in the event of a threatened violation;

B.

The city and/or the Massachusetts Water Resources Authority may require a user to submit a detailed time schedule setting forth specific actions to be taken as the city and/or the Massachusetts Water Resources Authority deem necessary for the user to follow in order to prevent or correct a violation. The city and/or the Massachusetts Water Resources Authority may issue an implementation schedule to the user containing such specific actions and time schedule.

C.

Should a recipient of an order under this section fail to undertake the remedial action by the deadline ordered, the city may, at its option, undertake such work, and expenses thereof, including attorney's fees, shall be recoverable by the city in an action of contract in a court of competent jurisdiction, up to the amount of the total penalty that could have been imposed for the violation.

(C.O.86-23 § 8 (part); C.O. 83-52 § 60 (Art. VI § 1))

(C.O. 13-046, § 12, 2-11-2013)