11-4-2050 Enforcement.

   A.   Public nuisance cessation. The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require a reprocessable construction/demolition material facility to be immediately closed and secured against entry upon discovery of (i) an imminent and substantial risk to the public health or safety or to the environment caused by the presence, treatment or storage of any reprocessable construction/demolition material, or other activity on the premises, in violation of this article, a reprocessable construction/demolition material facility permit or its conditions or the rules and regulations promulgated hereunder; or (ii) the facility is being operated without a required permit. The commissioner may also issue a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, if he or she determines that any person is violating any of the provisions of this article, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment.

   B.   Public nuisance abatement. Any unpermitted reprocessable construction/demolition material facility shall be deemed and is hereby declared to be a public nuisance and an ordinance violation and shall be subject to the abatement procedures provided in Section 11-4-025 of this Code. If the commissioner determines that such nuisance has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue the owner an emergency abatement order or may abate the nuisance, in accordance with the provisions of Section 11-4-025 of this Code. If the commissioner determines that such a nuisance has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may provide the owner with a written order to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's order to abate, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code. Such abatement shall be in addition to the fines and penalties herein provided.

   C.   Fines. Except as otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be as provided in Section 11-4-030 of this Code. In addition to any other penalty provided by law, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.

(Added Coun. J. 6-23-93, p. 34796; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 2-9-11, p. 112149, § 11)