(a) The City Administrator may order compliance with these Regulations by issuing a Notice of Violation to the person holding title of record to any premises and to such additional persons as may be found to be in actual possession of or to be exercising actual control over any premises. The Notice of Violation shall be issued in writing on forms prescribed by the City Administrator and shall:
(1) Describe the premises to which it pertains;
(2) Describe one or more events that have allegedly occurred in violation of this Chapter and identify the provision or provisions of this Chapter deemed to have been violated by each described event;
(3) Describe any condition of or on the premises deemed to constitute a public nuisance as defined by this Chapter and identify each provision of this Chapter prohibiting the existence of each described condition; and,
(4) Describe all remedial actions required of the recipient to mitigate the risk that a described event will reoccur or to abate any nuisance created by the occurrence of a described event or by the existence of a described condition.
(b) The Notice of Violation shall be served upon each person to whom it is addressed in a manner provided for service of Summons in a Civil Action by the Ohio Rules of Civil Procedure.
(c) Remedial actions required by the Notice of Violation may include:
(1) An Order requiring the recipient to eliminate one or more illegal connections found to exist on the premises;
(2) An Order requiring the recipient to cease water use practices or industrial or commercial operations that produce effluent that has been detected in an illicit discharge;
(3) An Order requiring the recipient to prepare and submit a Stormwater Pollution Prevention Plan for review and approval by the City Administrator or to propose modifications to any previously approved Stormwater Pollution Prevention Plan to prevent reoccurrence of the event(s) or eliminate the condition(s) described by the Notice of Violation and to implement all Best Management Practices presented in the Stormwater Pollution Prevention Plan or amended Stormwater Pollution Prevention Plan upon approval of the same by the City Administrator;
(4) An Order requiring the recipient to restore any land, MS4 facility or other property damaged or adversely impacted by the occurrence of an illicit discharge determined to have been caused by the event(s) or condition(s) described by the Notice of Violation.
(d) If the Notice of Violation requires the recipient to whom it is addressed to take remedial action, the Notice shall state a date by which the required action must be completed and notify the recipient that if the work is not completed by the date stated, the City of Defiance or a contractor designated by the City shall perform the required work and charge all expenses incurred to the recipient. If the remedial action required is submission of an initial or amended Stormwater Pollution Prevention Plan, the Notice shall state a date by which the proposed plan or amended plan must be presented for review and the City Administrator's approval of the Stormwater Pollution Prevention Plan or amended Stormwater Pollution Prevention Plan shall state a date by which the Best Management Practices detailed therein must be implemented and notify the recipient that if the work is not completed by the date stated, the City of Defiance or a contractor designated by the City shall perform the required work and charge all expenses incurred to the recipient. (Ord. 7385. Passed 4-3-12.)