(A) Generally. Except as otherwise expressly provided by this chapter, all orders, notices of violations, and notices of assessments shall be served upon persons and shall contain the information as provided by this section.
(B) Service. Service shall be by personal delivery or certified mail (return receipt requested), addressed to the user, alleged violator, or other person, as applicable, at the person’s last known address as shown by POTW’s records. The person served shall sign and date the order or notice and shall return the signed original copy to the POTW; provided, that the failure to do so shall not affect the person’s obligation to comply with the order or notice. Further, a notice or order served by mail may not actually be received by the user, but this shall not nullify any enforcement action subsequently taken by the POTW against the user under authority of this chapter.
(C) Contents. All orders and notices shall contain at least the following information, to the extent known by the POTW and as determined by the POTW to be applicable to the situation:
(1) The name and address of the violator;
(2) The location and time that the violation occurred or was observed, and the duration of the violation;
(3) The nature of the violation, including the provisions of this chapter or of any permit, order, decision, determination, or agreement violated;
(4) The basis for determining that a violation has occurred (personal observation, pollutant analysis, and the like);
(5) The amount of the fine, penalty, or charge assessed or due, if any;
(6) The manner in which, and time and date by which, any fine, penalty, or charge must be paid, including any penalty or charge for late payment;
(7) The remedial action ordered, the time within which required actions must be taken, and any consequences for failure to do so;
(8) The right to appeal the issuance of the order or notice and a summary of the procedures for appeal, or other applicable administrative procedures; and
(9) The date and time the order or notice was issued.
(D) Request for additional information. A person served may request additional information from the POTW Manager regarding the contents or requirements of any order or notice. However, a request for additional information shall not extend the time for compliance with an order or notice.
(Ord. 2009-5, passed 7-20-2009)