In the event that the city receives complaints or otherwise acquires evidence of possible violation of any of the performance standards not forth in this subchapter, the following procedures shall be used to investigate, and if necessary, resolve the violation.
(A) Official investigation. Upon receipt of evidence of possible violation, the Zoning Administrator shall make a determination whether there in reasonable cause to suspect the operation is indeed in violation of the performance standards. The Zoning Administrator may initiate an official investigation in order to make such a determination. Upon initiation of an official investigation, the Zoning Administrator is empowered to require the owner or operator of the facility in question to submit data along with any evidence deemed necessary to make an objective determination regarding the possible violation within a time period specified by the Zoning Administrator, but in every case a reply must be forthcoming within three calendar days from the receipt of notice. Failure of the owner or operator to supply requested data within the stated time period shall be considered an admission of violation and provide prima facie evidence of grounds for taking any action, including legal action, to terminate the use and/or deny or cancel any permits or licenses required for continued use of the land. Data which may be required includes, but is not limited to the following.
(1) Plans of the existing or proposed facilities, including buildings and equipment.
(2) A description of the existing or proposed machinery, processes and products.
(3) Specifications for the mechanism and techniques used or proposed to be used to control emissions regulated under the provisions of this subchapter.
(4) Measurement of the amount or rate of emissions of the material, including but not limited to, heat, sound, and glare, purported to be in violation.
(5) Copies of studies, reports, specifications, and any other compilation of data, including, but not limited to, RCRA filings.
(B) Method and cost of determination.
(1) The Zoning Administrator shall take measurements, or cause measurements to be taken by a competent contractor, and complete investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately made by the Zoning Administrator using equipment and personnel normally available to the city without extraordinary expense, the measurements and investigation may be completed before notice of violation is issued. If necessary, skilled personnel and specialized equipment or instruments shall be secured in order to make the required determination.
(2) If the alleged violation is found to exist in fact, the costs of making the determination shall be charged against those responsible, in addition to any other penalties as may be allowable. If the bill is not paid within 30 days, the city shall take whatever appropriate action is necessary to recover the
costs, or alternately, the cost shall be charged against the property where the violation occurred. If it is determined that no substantive violation exists, then the costs of this determination shall be paid by the city.
(C) Appropriate remedies. If, after appropriate investigation, the Zoning Administrator determines that a violation does exist, the Zoning Administrator shall take or cause to be taken lawful action as provided by this chapter or any state or federal regulation to eliminate the violation. The owners or operators of the facility deemed responsible shall be given written notice of the violation. The Zoning Administrator shall take appropriate action in accordance with the owner or operator's response to the notice of violation. Appropriate action includes the following.
(1) Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the Zoning Administrator shall note “Violation Corrected” on the city's copy of the notice, and the notice shall be retained on file. If necessary, the Zoning Administrator may take other action as may be warranted by the circumstances of the case, pursuant to this chapter and any other applicable regulation.
(2) Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits, and the alleged violation is not corrected in accordance with the regulations, set forth in this subchapter, then the Zoning Administrator shall take any action reasonably calculated to correct or abate the violation.
(3) Reply requesting extension of time. If the alleged violator responds to the city within the specified time limit of the original notice and requests an extension of time, the Zoning Administrator shall review the information submitted with the reply. Upon finding that an extension is warranted because of unique circumstances and that an extension will not cause imminent peril to life, health, or property, the Zoning Administrator may extend the specified time limit to a certain date, if the Zoning Administrator concurs that one of the following are true.
(a) The information requested pursuant to divisions (A) of this section is impractical to readily produce.
(b) An extreme hardship exists.
(c) The reply indicates that an alleged violation shall be corrected or abated by the date certain and that all future operations shall comply with the regulations as set forth herein.
(4) Reply requesting technical determination.
(a) If a reply is received within the specified time limit requesting further review and technical analysis, even though the alleged violations continue, then the Zoning Administrator may call in properly qualified experts to complete the analysis and confirm or refute the initial determination of violation.
(b) If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this chapter or other applicable regulations. Costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation. If the bill is not paid within 30 days, the city shall take whatever appropriate action is necessary to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. If no substantial violation is found, cost of determination shall be paid by the city.
(D) Continued violation. If, after the conclusion of the time period granted for compliance, the Zoning Administrator finds that the violation still exists, any permits previously issued shall be void and the city may initiate appropriate legal action, including possible pursuit of remedies in Circuit Court.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999