11-4-2205 Enforcement – Cease and desist orders – Abatement – Cost recovery – Termination of city contracts and licenses.

   (a)   Cease and desist orders. The commissioner shall have the authority to issue an emergency or a non- emergency cessation order in accordance with Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under this article when the commissioner has reason to believe that such activity either is proceeding in violation of any provision under this article or is otherwise in contravention of the public interest.

   (b)   Emergency abatement. In the event that the commissioner determines that any activity regulated under this article is proceeding in violation of provisions of this article and such activity 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 an emergency abatement order or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.

   (c)   Non-emergency abatement. In the event that the commissioner determines that any activity regulated under this article is proceeding in violation of any of the provisions of this article but that such activity has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the property owner, contractor or any other person involved in the performance of the subject activity with written notice 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 notice to abate, 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.

   (d)   Cost recovery. In addition to the penalties prescribed in Section 11-4-2200, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.

   (e)   Termination of city contracts and licenses. In addition to any other penalty or remedy imposed under this chapter, if any person or business performing work under any contract with the city is found liable for violating any provision under this article, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice. Any business license issued by the city to any person who violates this section two or more times within any ten- year period shall be subject to revocation if the violation occurred in the course of the business for which the license was issued.

(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3)

11-4-2207 Severability.

   If any part of sections 11-4-2150 through section 11-4-2205 is found to be invalid for any reason, such holding shall not affect the validity of the remaining portions of those sections.

(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3)

ARTICLE XIX. RESERVED (11-4-2230 et seq.)

11-4-2230 Reserved.

Editor's note – Coun. J. 4-9-08, p. 24657, § 2, repealed § 11-4-2230, which pertained to definitions for junk facility permits.

11-4-2240 Reserved.

Editor's note – Coun. J. 4-9-08, p. 24657, § 2, repealed § 11-4-2240, which pertained to the requirement for junk facility permits.