In the event that the city receives complaints, or otherwise acquires evidence of possible violation of any of the performance standards set forth in this subchapter, the following procedures shall be used to investigate, and if necessary, resolve the violation:
(A) Official investigation. Upon receipt of evidence of possible violation, the Building Official or other official responsible for code enforcement shall make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards as defined in this subchapter. The Building Official or other official responsible for code enforcement may initiate an official investigation in order to make such a determination.
Upon initiation of an official investigation, the Building Official or other official responsible for code enforcement is empowered to require the owner or operator of the facility in question to submit data and evidence deemed necessary to make an objective determination regarding the possible violation. Failure of the owner or operator to supply requested data shall constitute grounds for denial or cancellation of any permits required for continued use of the land. Data which may be required includes, but is not limited to the following:
(1) Plans of the existing or proposed facilities, including buildings and equipment.
(2) A description of the existing or proposed machinery, process, and products.
(3) Specifications for the mechanisms and techniques used or proposed to be used to control emissions regulated under the provisions of this subchapter.
(4) Measurement of the amount or rate of emissions of the material purported to be in violation.
(B) Method and cost of determination. The Building Official or other official responsible for code enforcement shall take measurements and complete investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately made by the Building Official or other official responsible for code enforcement using equipment and personnel normally available to the city without extraordinary expense, such measurements and investigation shall be completed before notice of violation is issued. If necessary, skilled professional and specialized equipment or instruments shall be secured in order to make the required determination. If the alleged violation is found to exist in fact, the costs of making such determination shall be charged against those responsible, in addition to such other penalties as may be appropriate.
(C) Appropriate remedies. If after appropriate investigation, the Building Official or other official responsible for code enforcement determines that a violation does exist, the Building Official or other official responsible for code enforcement shall take or cause to be taken lawful action as provided by this chapter to eliminate such violation. The owners or operators of the facility deemed responsible shall be given written notice of the violation. The Building Official or other official responsible for code enforcement shall take appropriate action in accordance with the owner or operator’s response to the notice of violation. Appropriate action includes the following:
(1) Correction of the violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the Building Official or other official responsible for code enforcement shall note “violation corrected” on the city’s copy of the notice, and the notice shall be retained on file. If necessary, the Building Official or other official responsible for code enforcement may take other action as may be warranted by the circumstances of the case, pursuant to the regulations in this chapter or any other ordinances.
(2) Violation not corrected and owner or operator fails to reply. If there is no reply from the owner or operator within the specified time limits, and the alleged violation is not corrected in accordance with the regulations set forth in this subchapter, then the Building Official or other official responsible for code enforcement shall take such action as may be warranted to correct the violation.
(3) Reply requesting extension of time. If a reply is received within the specified time limit indicating that an alleged violation will be corrected in accordance with the regulations set forth in this chapter, but that more time is required than was granted by the original notice, the Building Official or other official responsible for code enforcement may grant an extension if:
(a) The Building Official or other official responsible for code enforcement deems that such extension is warranted because of circumstances in the case, and
(b) The Building Official or other official responsible for code enforcement determines that such extension will not cause imminent peril to life, health, or property.
(4) Reply requesting technical determination. If a reply is received within the specified time limit requesting further review and technical analysis even though the alleged violations continue, then the Building Official or other official responsible for code enforcement may call in properly qualified experts to complete such analysis and confirm or refute the initial determination of violation.
(a) If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this chapter. Such costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation.
(b) If the bill is not paid within 30 days, the city shall take whatever appropriate action is necessary to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. If no substantial violation is found, cost of determination shall be paid by the city.
(Ord. 792, passed 12-3-01)