(a) Notice of Violation. When the City finds that a person, including but not limited to a Site Owner and 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) 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.
(e) Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation. If an owner/operator 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 owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation. (Ord. 34-2019. Passed 5-6-19.)