(a) The commissioner may issue a cease and desist order to stop any person from proceeding with any activity regulated under this chapter when the commissioner has reason to believe that such activity is in violation of this chapter, or that the activity endangers human or animal health, endangers the environment, or has the potential to cause or worsen flooding or wasteful use of water. The commissioner may enforce a cease and desist order pursuant to this section or pursuant to section 11-18-130(d).
(b) Prior to imposing the penalty specified by this section, the commissioner(s) issuing the cease and desist order shall serve the respondent with a copy of the order, stating the nature and location of the violation, the date by which the respondent must cease and desist the illicit activity, the amount of the applicable penalty for noncompliance, the respondent's right to request an administrative hearing to contest the merits of the order, and the time and manner in which a hearing may be requested. Service of the cease and desist order shall be in the manner set forth in Section 2-14-074 of this code.
(c) (1) Within 10 days of service of the cease and desist order, the respondent may submit to the commissioner(s) a written request for a hearing to be conducted by the City's department of administrative hearings. Upon receipt of a timely request for a hearing, either or both of the commissioners shall institute an enforcement action with the department of administrative hearings. Notice of the administrative hearing shall be given to the respondent in the manner set forth in Section 2-14-074 of this code.
(2) In the event the respondent fails to comply with a cease and desist order or fails to request a hearing within the 10-day period provided in subsection (c)(1) of this section, the commissioner(s) issuing the order may institute an action to enforce the order with the department of administrative hearings. Notice of the administrative hearing shall be given to the respondent in the manner set forth in Section 2-14-074 of this code.
(d) Upon the initiation of an enforcement action pursuant to subsection (c) of this section, the department of administrative hearings shall appoint an administrative law officer who shall conduct the hearing within 30 days of receiving; the request. Chapter 2-14 of the code shall apply to any hearing conducted pursuant to this section. The cease and desist order shall remain in effect until the department of administrative hearings has taken final action on the matter. In addition to imposing fines and penalties consistent with this section, the administrative hearing officer shall have the authority to affirm, vacate or modify the cease and desist order.
(e) The penalty specified by this section shall be imposed either upon expiration of the time period in which the respondent may seek review by the department of administrative hearings, or upon the administrative law officer's finding adverse to the respondent, as applicable.
(f) Violations of an order issued under this section shall be punishable by a penalty of $10,000.00. Each day that the violation continues beyond the specified cessation date shall be deemed a separate offense.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)