(a) Any person who has been found to have violated the provisions of this Code three (3) or more times within a twelve (12) month period shall be notified by registered or certified mail to show cause before the Commissioner within ten (10) days why the offending equipment may not be sealed. The notice shall be directed to the last known address of the person to be notified, or if the person or his or her whereabouts is unknown, the notice shall be posted on or near the premises at which the violations have occurred. If upon the hearing, at which the violator or his or her agent or attorney may appear and be heard, the Commissioner finds that adequate corrective measures have not been taken, he or she may seal the equipment until such time as corrective measures have been taken.
(b) Sealing may also be ordered by the Commissioner and effected after reasonable notice:
(1) On any air contaminant source or control equipment being operated without a permit to operate or variance as required by this Code.
(2) When necessary repairs or alterations are not accomplished within the time limit specified;
(3) In cases of emergency, the air contaminant source or control equipment may be sealed without notice when the operation of such air contaminant source or control equipment is or may reasonably be dangerous to health or safety;
(4) When control equipment has been installed in order to enable an operation or process to meet the conditions of a permit to operate, and such control equipment is not being operated, the air contaminant source may be sealed;
(5) When test facilities and access required under Section 285.03 are not provided;
(6) When an air contaminant source or control equipment, or proposed air contaminant source or control equipment, has been installed or modified, or is being installed or modified, without permits to install or modify, as required by Section 257.01, the air contaminant source and/or control equipment, or proposed air contaminant source and/or control equipment, may be sealed without notice;
(7) When source monitoring and/or recording equipment required under Section 285.04 has not been provided;
(8) When any information, data, reports, or programs required under provisions of this Code or by the Commissioner have not been provided.
Pursuant to Section 259.09, a prima facie evidence of violation will support the action of the Commissioner in sealing certain equipment, as provided therein.
Sealing of equipment shall not be a bar to other legal action against the owner or operator thereof.
(c) No person shall break or remove a seal or operate any air contaminant source or control equipment sealed by the Commissioner unless such breaking, removal or use is authorized in writing by the Commissioner.
(Ord. No. 857-A-76. Passed 6-27-77, eff. 6-30-77)