(1) Whenever the Director of Public Works or his designee determines that any Person engaged in any activity and/or owning or operating any facility may cause or contribute to Storm Water pollution or illicit discharges to the Storm Water Drainage System, the Director of Public Works or his designee may, by written notice, order that such Person undertake such monitoring activities and/or analyses and furnish such reports as the Director of Public Works or his designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.

(2) In the event the owner or operator of a facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney’s fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred.