(A) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter shall be subject to one or more of the enforcement actions outlined in this section. Any violation or threatened violation may be restrained by injunction or otherwise abated in a manner provided by law.
(B) In the event the violation constitutes an immediate danger to public health or public safety, the county or its appointed agent is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The county or its appointed agent is authorized to seek costs of abatement as outlined in division (B)(5) below.
(1) Compliance directive. In addition to any other remedy available to the county, inspectors may issue compliance directives at the time of inspection to require a person to implement actions that will correct any violation of this chapter.
(2) Notice of violation.
(a) Whenever the county finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the county may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
1. The performance of monitoring, analyses and reporting;
2. The elimination of illicit connections or discharges;
3. Violating discharges, practices or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
(b) If abatement of a violation or the restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall further advise that, should the violator fail to complete the remediation or restoration within the established deadline, the work may be done by the county or its designee and the expense thereof shall be charged to the violator.
(3) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the county. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the Board of County Commissioners or its designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Board or its designee shall be final.
(4) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within ten days of the decision of the Board, then representatives of the county and its designees are authorized to enter upon the subject property and are authorized to take any and all measures necessary to abate the violation and restore the affected property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the representatives or designees of the county to enter upon the premises for the purposes set forth above.
(5) Cost of abatement of the violation. If the county abates a violation, then, within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the County Auditor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten days of the effective date of the notice. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal and the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. In the event a protest is filed, a hearing on the protest shall be held before the Board of County Commissioners or its designee within 15 days from the date of receipt of the written protest. If any charges are upheld upon completion of the hearing, then the charges shall become due and payable ten days after the issuance of the order upon the protest and if not timely paid, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The charges may also be recovered in a civil action against the owner or other person in control of the premises for which the charges were incurred and any person violating any of the provisions of this chapter shall be liable to the county for all costs, fees, charges and expenses, including, but not limited to, administrative costs and legal fees and costs, by reason of the violation.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99