§ 36.148 ENFORCEMENT OF CERTAIN ORDINANCES THROUGH ADMINISTRATIVE PROCEEDINGS.

   (A)   The Elkhart City Board of Public Works is hereby authorized to enforce through administrative proceedings the following ordinances:

      (1)   The FOG Ordinance: Ordinance No. 5434, passed April 6, 2015, codified as §§ 52.65 through 52.71, entitled “An Ordinance Regulating the Discharge of Fats, Oils and Grease From Food Service Establishments”, as amended from time to time.

      (2)   The Wastewater Utility Use Ordinance: Ordinance No. 5285, passed December 19, 2011, codified as §§ 52.01 through 52.06, 52.10 through 52.33, 52.40 through 52.44 and 52.99, entitled “An Ordinance Repealing Ordinance Nos. 321, 3552, 3570, 3758, 3777, 3794, 4097, 4187, 4653, 4654, 4655, and 4866 and Enacting the Wastewater Utility Use Ordinance”, as amended by Ordinance No. 5435, passed April 6, 2015, codified as §§ 52.02, 52.10, 52.11 and 52.19, and as amended from time to time.

      (3)   The Wastewater Rate Ordinance: Ordinance No. 5286, passed December 19, 2011, codified as §§ 52.50 through 52.58, entitled “An Ordinance Establishing A Separate Ordinance For Rates and Charges For the Use Of and Services Rendered by the Wastewater Utility of the City of Elkhart, Indiana”, and as amended from time to time.

      (4)   The Water Utility Administration Ordinance: Ordinance No. 5244, passed December 20, 2010, codified as §§ 50.10 through 50.20 and 50.99, entitled “An Ordinance Repealing Ordinances Numbered 205, 1073, 1087, 1115, 1204 and 1993 and Establishing a New Water Utility Administration Ordinance for the City of Elkhart, Indiana”, and as amended from time to time.

      (5)   The Water Service Line Ordinance: Ordinance No. 5151, passed March 16, 2009, codified as §§ 50.70 through 50.78, entitled “An Ordinance Establishing a Voluntary Water Service Line Repair Program for Residential Properties to Help Offset a Portion of the Cost for Water Line Repairs Done Under the Public Right of Way”, and as amended from time to time.

      (6)   The Water Rate Ordinance: Ordinance No. 4978, passed August 10, 2006, entitled “An Ordinance Establishing Rates and Charges for the Use of and Services Rendered By the Water Works System of the City of Elkhart, Indiana”, and as amended from time to time.

      (7)   The Excavation Ordinance: Ordinance No. 5192, passed November 16, 2009, codified as §§ 97.001 through 97.018 and 97.999, entitled “An Ordinance Repealing Ordinance Numbers 2237, 2686, 2926 and 2936 and Establishing a New Excavation Ordinance for the City of Elkhart”, Indiana, and as amended from time to time.

   (B)   The Elkhart City Stormwater Board is hereby authorized to enforce through administrative proceedings the following ordinances:

      (1)   The Construction Site Stormwater Erosion Control Ordinance: Ordinance No. 5034, passed on June 4, 2007, codified as §§ 160.01 through 160.10 and 160.99, entitled “Construction Site Stormwater Erosion Control Ordinance”, as amended from time to time.

      (2)   The Illicit Discharge Ordinance: Ordinance No. 5283, passed on December 5, 2011, codified as §§ 50.30 through 50.41, entitled “An Ordinance Regulating Illicit Discharges and Connections to the City of Elkhart’s Storm Water Sewer System”, as amended from time to time.

   (C)   Any violation of an ordinance enforced through an administrative proceeding by the Board of Public Works or the Stormwater Board must follow procedural due process and must be proven by a preponderance of the evidence. No penalty or fine shall be imposed by the Board of Public Works or the Stormwater Board the exceeds the limit set forth in I.C. 36-1-3-8(10).

   (D)   Any person or entity receiving a penalty or fine in an administrative proceeding by the Board of Public Works or the Stormwater Board may appeal the order imposing the penalty or fine, in writing, to the Circuit or any Superior Court in Elkhart County, Indiana, not more than 60 days after the day on which the order is entered.

(Ord. 5476, passed 4-18-2016)