(a) Notice of Violation. When the Village of Fairport Harbor finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village of Fairport Harbor may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(5) The implementation of source control or treatment BMP’s.
(b) If abatement of a violation and/or restoration of affected property is 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/operator fail to remediate or restore within the established deadline, a 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 Village of Fairport Harbor shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent by certified mail.
Any person aggrieved by any order, requirement, determination or any other action or inaction by the Village of Fairport Harbor, Ohio in relation to this regulation may appeal to the Village Board of Zoning Appeals and then if not satisfied may appeal to the Court of Common Pleas. Such an appeal shall be made in conformity with Ohio Revised Code. Written notice of appeal shall be served on the Village of Fairport Harbor, Ohio.
(e) Injunctive Relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If a owner/operator has violated or continues to violate the provisions of this regulation, the Village of Fairport Harbor may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 2008-026. Passed 4-1-08.)