If the chief engineer determines that any person is violating this article or any rule adopted thereunder, the chief engineer may have the person served, by certified mail or delivery, with a notice of violation and order.
(a) Contents of the notice of violation.
(1) The notice shall include at least the following information:
(A) Date of the notice;
(B) The name and address of the person noticed;
(C) The section number of the ordinance which has been violated;
(D) The nature of the violation; and
(E) The location and date of the violation.
(2) The notice shall describe the work to be done and shall state that if the work is not completed within 30 calendar days after receipt of the notice of violation, or notice as provided in § 40-2.6, the chief engineer may enter upon the property and perform the maintenance and clearing of such stream and remove any debris, vegetation, or other material necessary for the proper maintenance of such stream, and the cost thereof shall be a lien on the property. The lien shall be in addition to any other remedies provided for enforcement of this article.
(3) The notice shall inform the person that failure, neglect or refusal to correct the violation or to complete the work described in the notice of violation and order within 30 calendar days will result in a civil fine not to exceed $500 a day for each day the violation persists, to be assessed by the city commencing 31 calendar days after receipt of the notice of violation and order, or notice as provided in § 40-2.6. The civil fine shall be in addition to any other remedies as provided for in this article.
(b) Contents of the order.
(1) The order may require the person to do any or all of the following:
(A) Cease and desist from the violation;
(B) Correct the violation at the person’s own expense before a date specified in the order; and
(C) Pay a civil fine not to exceed $500 per day for each day in which the violation persists, in the manner and at the time and place specified in the order.
(2) The order shall advise the person of the finality of the order 30 days after the date of its mailing or delivery, unless written request for a hearing is mailed or delivered to the chief engineer within those 30 days.
(1990 Code, Ch. 41, Art. 26, § 41-26.12) (Added by Ord. 89-59)