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(a) Notice of Violation. Whenever the City Engineer, or authorized representative, finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Engineer, or authorized representative, may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover any administrative and legal costs; and
(6) The implementation of source control or treatment BMPs.
(b) If abatement 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 or operator fail to remediate or restore within the established deadline, legal action for enforcement may be initiated.
(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 with the author of the notice of violation, the City Engineer, a member of the Law Department and a member of the Safety Service Department to determine reasons for noncompliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
(Ord. 2008-18. Passed 2-19-08.)
Any person receiving a notice of violation may appeal the determination of the City Engineer. The notice of appeal must be received within thirty days from the date of the notice of violation. Hearing on the appeal before the appropriate authority of his or her designee shall take place within sixty days from the date of receipt of the notice of appeal. The decision of the Municipal authority or their designee shall be final.
(Ord. 2008-18. Passed 2-19-08.)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within thirty days of the decision of the Municipal authority upholding the decision of the City Engineer, then the City Engineer, or his duly authorized agents, representatives, or contractors, shall be authorized to enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
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