(a) Whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning sewer connections or discharges, in addition to any other remedy provided under this chapter, the Commissioner may issue a written order to remedy the violation. The order shall state the nature of the violation and shall provide that all illegal discharges shall cease, and under division (e) of this section all work shall cease on the sewer connection that are the subject of the order until all violations have been remedied. The Commissioner may order that a remedy must be effected within twenty-four (24) hours after receipt of the order or sooner to prevent, minimize, or eliminate harm to human health, property, or the environment. The Commissioner shall forward notice by certified mail to the owner, agent, or person in control of the building, structure or portion of the building or structure. The handing of the notice or order to that owner, agent, or person in control shall be deemed actual notice and is legal and valid service. No other form of service is necessary. If a person to whom a notice and order is addressed is not found after a reasonable and diligent search, then the notice and order shall be sent by certified mail to his or her tax mailing address, if available, as indicated on the County tax duplicate, and a copy of the notice shall be posted in a conspicuous place on the premises to which it relates. The mailing and notice shall be deemed legal service of the notice and order.
(b) If a violation is not remedied within the time period specified in division (a) of this section, in addition to any other remedy provided under this chapter, the Commissioner may order revocation of the sewer builder's license and the sewer connection permit of the person who is charged with the violation (the "person charged") and may cause the violation to be remedied at the expense of the person charged.
(d) Prohibition. No person shall violate any provision of this chapter, or fail to comply with any order issued under it, or cause or permit the same to be done.
(e) Stop Work Orders.
(1) Upon notice from the Commissioner or any other administrative officer having jurisdiction that work on any sewer, connection, or activity is being done contrary to the provisions of this chapter, such work shall be immediately stopped.
(2) Such notice shall be in writing and be given to the owner of the property, his or her agent, or the person doing the work, and shall state the conditions under which work may be resumed. However, in instances where immediate action is deemed necessary to protect human health, property, or the environment, the Commissioner or administrative officer having jurisdiction may require the work or activity be stopped upon verbal order pending the issuance of a written order.
(f) In case the owner, agent, or person in control, fails, neglects, or refuses to comply with a notice or order issued under this chapter, or to remove or abate any other condition that is defined as a nuisance or illegal discharge under this chapter, the Commissioner, in addition to any other remedies under this chapter, may take appropriate action to take repair or maintenance measures at the expense of the property owner, agent, or person in control.
(g) Civil Actions. Whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning illegal connections or unacceptable discharges, in addition to any other remedies under this chapter, may order in writing that the violation cease immediately, and such person violating or who has violated this chapter shall pay a civil penalty of no more than one thousand dollars ($1,000.00) per day of violation.
(h) Action by Director of Law. The Commissioner may advise the Director of Law of the facts in a matter, who in addition to other legal remedies that may be available, may institute appropriate action in court to cause correction of the violations and defects, or abatement or removal of the violation. Such action includes, but is not limited to, instituting an appropriate action in law or in equity to restrain the illegal discharge or nuisance, to compel its abatement, or prevent the use of the sewer system.
(i) Procedure on Appeals. Appeals of persons adversely affected by a notice of violation or an order of the Commissioner issued under this section shall be heard and decided by the Board of Zoning Appeals under the following procedures:
(1) A written notice of appeal must be filed with the Board of Zoning Appeals under the rules for filing notices of appeals. Such notice shall be filed within thirty (30) days after the decision from which the appeal is taken and specifying the grounds for the appeal. However, in the case of a discharge or condition that presents potential or actual harm to human health, property or the environment, the Commissioner, in his or her order, may limit the time for such appeal to a shorter period;
(2) A copy of the notice of appeal and grounds for appeal shall also be sent to the Commissioner of Water Pollution Control;
(3) Filing a notice of appeal shall stay all proceedings in furtherance of the action appealed from except an order of the Commissioner terminating water service under this chapter or in the case of any other notice or order if the officer or agency from whom the appeal is taken files with the Board, after notice of appeal has been filed with the officer or agency, a certificate, a copy of which shall forthwith be mailed to the appellant at the address stated in the notice of appeal, that, by reason of facts stated in the certificate, a stay would in the officer's or agency's opinion cause immediate peril to life, property or the environment. In either case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board, or by a court of competent jurisdiction upon application, and upon notice to the officer or agency from whom the appeal is taken on due cause shown and in accordance with the Ohio Rules of Civil Procedure;
(4) The Board shall fix a reasonable time for the hearing of appeals and give due notice thereof to the parties, and decide the same within a reasonable time. At the hearing any party may appear in person, or by agent or attorney;
(5) If the Board affirms the order of the Commissioner, the person charged may reapply for the license and permits required by Section 541.04 and Section 541.05, and if the Commissioner has not caused the remedy of the violation which was the subject of his or her order, the person charged must remedy the violation before continuing any work under his or her license and permits;
(6) If the Board disaffirms the order of the Commissioner, the sewer builder's license and sewer connection permit shall be restored to the person charged; and
(7) Except where the Board of Zoning Appeals has disaffirmed the order of the Commissioner, any person who violates the provisions of this chapter concerning sewer connections shall pay all expenses incurred and damages resulting from the violation.
(Ord. No. 609-17. Passed 6-4-18, eff. 6-5-18)