1382.09 ENFORCEMENT.

   (a)   Notice of Violation. When the City finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City shall 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 any of the following:

      (1)   Identifying the results of the monitoring, testing, or sampling;

      (2)   Recommendation of elimination of illicit discharges or illegal connections;

      (3)   That violating discharges, practices, or operations cease and desist;

      (4)   Abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property within 90 days of meeting with the City Engineer, but no later than 120 days from notice; and/or

      (5)   List of registered contractors to assist the facility’s owner in abatement.

   (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. The Notice of Violation 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. All costs of remediation shall be at the facility’s owner’s sole expense.

   (c)   Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation, unless an undue hardship is presented to the City Engineer, and the Engineer grants additional time for abatement.

   (d)   Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City shall schedule an administrative hearing, to be conducted by the City Planning Commission, to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent by registered mail to the facility’s owner.

   (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 O.R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the City 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.

(Ord. 2013-13. Passed 4-9-13.)