(a) Notice of Violation. When the City finds that a person 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 and first class mail, to the owner/operator of the facility. Such notice may require abatement or remediation of the violation, including but not limited to the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(5) The implementation of source control or treatment BMPs.
(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, including but not limited to recovery of the City's cost to obtain full and timely compliance.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. 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 and to reimburse the City for the cost of obtaining compliance.
(Ord. 35-2019. Passed 5-6-19.)