(A) Permit revocation. Any permit issued hereunder may be revoked by the Director if the permit holder is in violation of any of the provisions of this subchapter, or has knowingly made a false material statement in the application, or otherwise becomes disqualified to hold a permit under this subchapter. Notice of the revocation must be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service of the notice upon the permit holder, or by certified United States mail to the permit holder’s last known address. The revocation shall become effective the day following personal service, or, if mailed, three days from the date of mailing, and no additional permit under this subchapter shall be issued to that person within one year thereafter.
(B) Administrative abatement.
(1) If an operator does not comply with this subchapter within ten days of a notice of violation, the Director may order that the noncompliant facilities be shut down, pending full compliance with this subchapter, or cause the performance of the work necessary to abate the violation and charge the expenses to the operator.
(2) Notice may be given personally, or by certified United States mail to the address shown in the most recent application for a permit under this subchapter.
(3) If a notice is mailed in accordance with this section, and the United States Postal Servicereturns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(4) In a notice provided under this section, the Director may provide that, if the operator commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the city, without further notice, may take any action permitted by this section. If a violation covered by a notice under this subsection occurs within the one-year period, and the Director has not been informed in writing by the operator of an ownership change, then the Director, without notice, may take any action permitted this section.
(C) Offense. A person who violates a provision of this subchapter, or who fails to perform an act required of the person by this subchapter, commits an offense, and, upon conviction, shall be fined an amount not to exceed $2,000. No culpable mental state shall be required to support a conviction for a violation of this section. Each day’s violation thereof shall constitute a separate offense.
(D) Authority of City Attorney. The City Attorney may, without further authorization of the City Council, undertake the enforcement of this subchapter by all legal means appropriate or necessary, including, but not limited to: enforcement in municipal court; filing of appropriate civil actions in courts of appropriate jurisdiction; and defending the city from a suit if a suit is taken to appeal any action of the city.
(E) Other remedies. The penalties provided for in this section are in addition to any other remedies that the city may have under city ordinances and state law. Nothing in this section shall limit the remedies available to the city in seeking to enforce the provisions of this subchapter.
(Ord. 2017-22, passed 8-22-17)