1114.14 ENFORCEMENT AND PENALTIES.

   (a)    Notice of Violation and Correction Order.

      (1)    When the City finds that a premise is in violation of any provision of this Chapter, or that an Owner/Operator has violated any provision of this Chapter or has failed to meet any requirement of this Chapter, the City may order compliance by written Notice of Violation and/or Correction Order. Such notice must specify the violation and shall be hand delivered and/or sent by certified mail to the Owner/Operator of the premises. Such Notice and/or Order may require the following actions:

         A.    The performance of monitoring, analyses and reporting;

         B.    The elimination of illicit discharges or illegal connections;

         C.    The "cease and desist" of any violation discharges. practices or operations;

         D.    The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and/or

         E.    The implementation of source control or treatment BMPs.

      (2)    If abatement of a violation and/or restoration of affected property is required, the Correction Order shall set forth a deadline within which such remediation or restoration must be completed. Said Order shall further advise that should the Owner/Operator fail to remediate and/or restore within the established deadline, legal action for enforcement may be initiated.

      (3)    Any Owner/Operator receiving Notice of Violation and/or Correction Order must meet compliance standards within the time established in the Notice of Violation and/or Correction Order.

   (b)    Appeals: Any Owner/Operator who is adversely affected by the issuance of a Notice of Violation and/or Correction Order under this Chapter may appeal to the Appeals Board. Such appeal shall be in writing and shall be filed within twenty (20) days of the issuance of the Notice of Violation and Correction Order.

   (c)    Appeals Board: The Appeals Board shall be the Board of Zoning Appeals.

   (d)    Prosecution of Violations. Upon the failure of any Owner/Operator to comply with a Notice of Violation and Correction Order, or upon a violation of any section of this Chapter, the City may institute the appropriate proceeding, whether in law or in equity, to penalize, restrain, correct or abate such violation.

   (e)    Penalties. Unless otherwise provided in this Chapter, the penalties for failure to comply with a Notice of Violation and Correction Order, and/or for a violation of this Chapter shall be as follows:

   Whoever violates this section is guilty of an unclassified misdemeanor, and in addition to any other penalties allowed by law, the Court shall fine the person as follows:

      (1)    On a first offense, not less than twenty-five dollars ($25.00);

      (2)    On a second offense within one (1) year, not less than fifty dollars ($50.00);

      (3)    On a third offense within one (1) year, not less than one hundred dollars ($100.00);

      (4)    On a fourth offense within one (1) year, not less than two hundred dollars ($200.00);

      (5)    On a fifth offense within one (1) year, not less than four hundred dollars ($400.00);

      (6)    On a sixth offense within two (2) years, not less than six hundred dollars ($600.00);

      (7)    On a seventh offense within two (2) years, not less than eight hundred dollars ($800.00);

      (8)   On an eighth offense or higher within two (2) years, not less than one thousand dollars ($1,000).

   Each day the violation continues shall be considered a separate offense. The application of the penalties herein described shall not prevent the abatement of prohibited conditions.

(Ord. 48-21. Passed 12-6-21.)