(a) It is unlawful for any entity or person to fail to comply with the requirements of this article or misrepresent any material fact in a document required to be prepared or shared by this article.
(b) If the department determines that a property owner has submitted incomplete or false benchmarking information or failed to report benchmarking information as required under this article, the department shall refer the matter to the director of planning and permitting. The director of planning and permitting may issue a written notice of violation to the property owner. The notice of violation must require the property owner to correct the violation and submit the initial or updated benchmarking information to the department within 60 days of the date of the mailing of the notice of violation.
(c) If initial or updated benchmarking information is not received by the department within 60 days of the date of the mailing of the notice of violation issued by the director of planning and permitting, the department will notify the director of planning and permitting. The director of planning and permitting may issue a notice of order requiring the property owner to comply with the order and pay a civil fine not to exceed $1,000 and pay a civil fine in the amount of $100 per day for each day the initial or updated benchmarking information is not reported to the department, with civil fines not to exceed a total of $5,000 per facility per reporting year.
(d) The order issued by the director of planning and permitting becomes final 30 days after the date of mailing of the order. The property owner may appeal the order to the department of planning and permitting. However, the appeal to the department of planning and permitting will not stay any provision of the order, including the daily fines.
(e) The director of planning and permitting may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by an order, the director of planning and permitting need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been paid.
(Added by Ord.
22-17
)