(a) Notice of Violation of Regulations.
(1) Upon commencing or completion of an activity subject to these regulations, if upon inspection, the Director of Public Service or designee determines that conditions exist in violation of the existing regulations, the matter may be referred to the designated City Department or entity for further enforcement action pursuant to the applicable part of this Chapter.
(2) Upon determination that a person has violated a prohibition or failed to meet a requirement of this Chapter, the 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/operator of the facility, and shall contain:
A. The name and address of the owner or the applicant or the responsible person.
B. The address or other description of the site upon which the violation is occurring.
C. A statement specifying the nature of the violation.
D. A description of the remedial measures necessary to bring the action or inaction into compliance with this Chapter and the date for the completion of such remedial action. Remedial measures may include, but are not limited to, the following, as applicable:
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. The implementation of source control or treatment BMP's; or
6. The necessary maintenance or reconstruction to be in substantial compliance with the approved plans (if applicable) or otherwise to the satisfaction of the Director of Public Service or designee.
E. A statement describing potential enforcement, penalties, and/or other costs that may be assessed against the person to whom the notice of violation is directed.
F. A statement that the determination of violation may be appealed to the Director of Public Service by filing a written notice of appeal within five (5) business days after the notice of violation.
The written notice of appeal shall state the specific issue or issues which are the subject of the appeal and the grounds for the appeal. The Director of Public Service shall schedule and conduct a hearing within 30 days after the filing of the notice of appeal and notify the appealing party and such other parties as the Director deems necessary to properly adjudicate the matter in writing of the hearing date, time and place. The appealing party shall have the right to submit a written statement, to appear at the hearing in person, or to be represented by an attorney or other representative. The decision by the Director of Public Service following the hearing shall be provided in writing to the appealing party within ten (10) days from the date of the hearing.
(3) If abatement of a violation and/or restoration of affected property are 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 facility owner/operator fail to remediate or restore within the established deadline, the City has the right to perform said remediation or restoration, assess the costs of such work to the responsible person, party, or entity, and initiate any other legal action and administrative penalty for enforcement in accordance with the provisions of this Chapter.
(4) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(b) Administrative Hearing. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City of Canton shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent via registered mail. This Administrative Hearing will be heard by the Director of Public Service or his designee.
(c) Stop Work Order. Whenever the provisions of this Chapter are not complied with for current activities or projects under construction that are subject to the requirements of the City of Canton Storm Water Management Manual, the Director of Public Service or designee may issue a Stop Work Order against the property owner or his representative. Such Stop Work Order cannot be removed except by written notice of the Director of Public Service or designee after satisfactory evidence has been supplied that the violation has been corrected.
(d) 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 and/or the Board of Health 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 Canton 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. 225-2010. Passed 11-22-10.)