(a) Notice of Violation. When the City of Hudson finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Hudson may order compliance by written notice of violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(5) The implementation of source control or treatment BMPs.
(b) If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
(c) Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
(d) Appeal of Notice of Violation. Any owner/operator receiving a notice of violation may appeal the determination to the Board of Zoning and Building Appeals. Such appeal shall be made in conformity with Section 1202.03
of the Land Development Code. The notice of appeal must be filed with the City of Hudson within twenty days of the date of the notice of violation.
(e) Injunctive Relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to R.C. § 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the City of Hudson may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation. The City of Hudson may recover all attorney's fees, court costs, and other expenses associated with enforcement of this section and these regulations, including any sampling and monitoring costs.
(f) Criminal Prosecution. Any owner/operator who violates or fails to comply with any of the provisions and requirements of this regulation is guilty of an unclassified misdemeanor and shall be punished by a maximum fine of five hundred dollars ($500.00) for each violation of these regulations. A separate violation shall be deemed committed each day during or on which a violation occurs or continues. The City of Hudson may recover all attorney's fees, court costs, and other expenses associated with enforcement of this section and these regulations, including any sampling and monitoring costs.
(Ord. 20-91. Passed 9-1-20.)