(A) (1) Whenever the town’s Building Commissioner and/or the town’s designee finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the town’s Building Commissioner and/or the town’s designee may order compliance by written notice of violation by either certified mail or in person to the responsible person. Such notice may require the violator to cure or mitigate the violation by requiring the responsible person to perform any or all of the following:
(a) The performance of monitoring, analysis and reporting;
(b) The violating discharges, practices or operations shall cease and desist;
(c) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(d) Payment of remediation costs; and
(e) The implementation of source control or treatment BMPs.
(2) 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.
(B) (1) Any person receiving a notice of violation may appeal the determination of violation to the town’s Building Commissioner and/or the town’s designee.
(2) The notice of appeal must be received within seven days from the date of the notice of violation. A hearing on the appeal before the town’s Building Commissioner and/or the town’s designee shall take place within 15 days from the date of receipt of the notice of appeal. In the event the landowner disagrees with the determination of the town’s Building Commissioner and/or the town’s designee, the landowner may appeal a decision of the town’s Building Commissioner and/or the town’s designee to the Town Council and any appeal of a municipality’s authorized enforcement officer shall also be to the Town Council.
(Ord. 2005-13, passed 11-21-2005)