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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.)
(a) The City Engineer, or authorized representative, may, without prior notice, suspend all work as described in the permit when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State. If the violator fails to comply with a stop work order, the City Engineer may take such steps as deemed necessary to stop or prevent the discharge.
(b) Stop work orders may be issued by the City Engineer, or authorized representative, verbally with written notification to follow.
(Ord. 2008-18. Passed 2-19-08.)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter pursuant to Ohio R.C. 3709.211. If a person has violated or continues to violate the provisions of this chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 2008-18. Passed 2-19-08.)
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and is pursuant to Section 521.10 of this Code of Ordinances.
(Ord. 2008-18. Passed 2-19-08.)
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