(a) Notice of Violation (NOV). When the City of Bucyrus finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Bucyrus Safety Service Director and/or SSD designee 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, occupant, lessee, of the property and/or person(s) responsible for violation. Such notice may require the following actions:
o The performance of monitoring, analyses, and reporting;
o The elimination of illicit discharges or illegal connections;
o That violating discharges. practices, or operations cease and desist;
o The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
o The implementation of source control or treatment BMPs.
(1) 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 owner, occupant, lessee, of the property and/or person(s) responsible for violation fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated .
(2) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(3) The NOV may include immediate actions if there is a public health or safety hazard or at the discretion of the City of Bucyrus Safety Service Director.
o Immediate actions shall include either the permitting officer undertaking or causing to be undertaken any necessary or advisable work or protective measures to prevent violations of this chapter or the OEPA NPDES Permit or to avoid or reduce the effects of noncompliance herewith. The costs of any such protective measures shall be the responsibility of the recipient of the NOV.
o Immediate actions may also include monetary penalties, as defined in this Chapter. Such penalties shall be the responsibility of the recipient of the NOV.
(b) Notice of Violation 2: If any of the deadlines are missed, issue Notice of Violation Letter 2. This letter must be sent certified mail. These orders should include a timeline for compliance in which remediation or restoration must be completed.
(1) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline with in 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.
(2) In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the City of Bucyrus Safety Service Director and/or SSD designee may, after giving notice and opportunity for compliance, have the city or authorized representative complete necessary work. The project site owner shall be required to promptly reimburse the City of Bucyrus for all costs of such work. If the amount due is not paid within a timely manner as determined by the decision of the City 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. Any person violating any of the provisions of this article shall become liable to the City by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of one percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
(3) In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as, storm drain stenciling, attendance of compliance workshops, creek cleanup, etc.
(c) Injunctive Relief: It shall be unlawful for any owner, occupant, lessee, of the property and/or person(s) responsible for violation or to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. lf an owner, occupant, lessee, of the property and/or person(s) responsible for violation has violated or continues to violate the provisions of this regulation, the City of Bucyrus 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. 14-2022. Passed 4-5-22.)