935.08 ENFORCEMENT.

   (a)   Notice of Violation. When the City of Findlay or its Authorized Agent finds that a person has violated a provision of this Chapter, the City of Findlay or its Authorized Agent may order compliance by written Notice of Violation (NOV). Such notice must specify the violation and shall be hand delivered, and/or sent by registered or certified 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)   The 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 Best Management Practices.

   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/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.

   Any Person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.

   (b)   Administrative Hearing or Referral for Enforcement: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City of Findlay may schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity, or refer the matter to the City Attorney for civil or criminal enforcement, or both. In the case of an administrative hearing, notice of the hearing shall be hand delivered and/or sent by registered mail or certified mail.

   (c)   Injunctive Relief: If any Person has violated or continues to violate the provisions of this Chapter, the City of Findlay may petition for a preliminary or permanent injunction restraining the Person from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.

(Ord. 2015-037. Passed 5-19-15.)