(a) Whoever violates any of the provisions of this chapter three or more times within one year shall be notified by registered or certified mail to show cause, before the Commissioner of Air Pollution Control, within ten days, why the offending equipment should not be sealed. The notice shall be mailed to the last address of such person or, if such person or his address is unknown, posted on or near the premises at which the violations have occurred. If, upon a hearing, at which the violator or his agent or attorney may appear and be heard, the Commissioner finds that adequate corrective measures have not been taken, he may seal the equipment until such time as corrective measures have been taken.
(b) Sealing may be ordered by the Commissioner and effected, after reasonable notice, in the following cases:
(1) When any equipment is being operated without a valid, unexpired certificate of operation, as required by this Air Pollution Code;
(2) When any required repairs or alterations have not been accomplished within the time limit specified and have not been appealed;
(3) When the control equipment which has been installed in order to enable an operation or process to meet the conditions for issuance of a permit or certificate of operation is not being operated; and
(c) Sealing may be ordered by the Commissioner and effected without notice in the following cases:
(1) In cases of emergency, when operation of the equipment is or may reasonably be dangerous to health or safety; and
(2) When any process, fuel-burning, refuse-burning or control equipment has been installed without an installation permit.
(d) No person shall break or remove any seal or operate any equipment sealed by the Commissioner, unless such breaking, removal or use is authorized in Writing by the Commissioner.
(e) Prima-facie evidence of violation, as provided in Section 1462.12(c) shall support the action of the Commissioner in sealing certain equipment.
(f) The sealing of any equipment shall not be deemed to other legal action against the owner or operator thereof.
(Ord. 53-70. Passed 5-25-70.)