(A) Inspections.
(1) The town has the right and obligation to enforce the provisions of this subchapter. An authorized officer of the town has the right to conduct inspections of facilities to determine compliance with the subchapter.
(2) The authorized officer shall inform the Town Council, as deemed appropriate, of the results of the inspection and whether violations were noted.
(3) Non-compliance with the provisions of the subchapter is a violation. If the facility is not complying with the requirements of the subchapter, penalties (for example, citations of non-compliance, orders to cease operations, or administrative penalties) may be assessed.
(B) Notice of violations.
(1) If it is determined that there is a violation of this subchapter, but the violation does not pose an immediate threat to public health, the town shall issue a notice of violation. The notice of violation shall:
(a) Be in writing;
(b) Be dated and signed by the authorized town agent that made the inspection or determined the violation;
(c) Specify the violation or violations;
(d) Provide a specific date that the violations will be corrected by; and
(e) State that if the violation is not collected by a specific date, a hearing may be requested before the Town Council.
(2) The person who receives the notice of violation has the opportunity to correct the violation within a reasonable amount of time, as specified in the notice of violation.
(3) (a) If it is determined that there is a violation of this subchapter, and the violation poses an immediate threat to public health, the town shall issue a cease and desist order.
(b) In the event that the person fails to comply with a cease and desist order within the specified time period, the town may initiate proceedings for issuance of penalties and other relief as necessary.
(Ord. 2009-6-2, passed 6-16-2009)