(a) Notice of Violation. When the City of Brook Park finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Brook Park may order compliance by written notice of violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations 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 and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator/facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated or the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator/facility owner/operator.
(c) Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
(d) Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the City of Brook Park. The notice of appeal must be received within seven days from the date of the notice of violation. Hearing on the appeal before the Safety Director shall take place within fourteen days from the date of receipt of the notice of appeal. The decision of the Safety Director shall be final.
(e) Enforcement Measures after the 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 30 days of the decision of the municipal authority upholding the decision of the City of Brook Park, then representatives of the City of Brook Park shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City of Brook Park or its designated contractor to enter upon the premises for the purposes set forth above.
(f) Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the City of Brook Park or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(g) Injunctive Relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this chapter pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this chapter, the City of Brook Park may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 9475-2008. Passed 5-20-08.)