(a) Notice of Violation. When the City finds that a person, including but not limited to a Site Owner or Site Operator, has violated a prohibition or failed to meet a requirement of this regulation, the City may order compliance by written Notice of Violation, including but not limited to a stop work order. Such notice must specify the violation and shall be hand delivered, and/or sent by certified mail with return receipt and first class mail, to the owner/operator of the facility.
(b) If abatement or remediation of a violation and/or restoration of affected property are required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to abate, remediate, or restore within the established deadline, a legal action for enforcement may be initiated.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) The Administrator shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this ordinance.
(e) A final inspection will be made to determine if the criteria of this code have been satisfied and a report will be presented to the City on the site's compliance status.
(f) The Administrator will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these Rules.
(g) The Administrator shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The Administrator shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(h) The City shall not issue building permits for projects regulated under this code that have not received approval for an SWP3 for said project(s).
(i) Administrative Hearing: Any person receiving a Notice of Violation may request an administrative hearing by hand delivery or sending by certified mail with return receipt and first class mail a request for hearing to the Administrator with a copy to the Director of Law. Said request must be received within ten (10) calendar days of the date of the Notice of Violation. The City shall schedule an administrative hearing. Notice of the administrative hearing shall be hand delivered and/or sent certified mail and first class mail. The hearing shall be held before the Nuisance Abatement Review Board ("NARB") pursuant to Chapter 553 of the Codified Ordinances. The decision of the NARB shall be final without further appeal within the City, and the Administrator or other authorized City official shall proceed according to the NARB's decision.
(j) Injunctive Relief: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this regulation. If a person has violated or continues to violate the provisions of this regulation, the City may, pursuant to federal, state, or local laws and regulations, petition a court of competent jurisdiction for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 33-2019. Passed 5-6-19.)