§ 55.099 ADMINISTRATIVE COMPLIANCE ORDERS.

   (A)   If the city determines that a violation of this chapter, a rule promulgated pursuant to this chapter, or a stormwater construction approval issued hereunder has occurred or exists, the city may issue an administrative compliance order pursuant to this section.

   (B)   Except as provided in § 55.100, the city may issue an administrative compliance order in the following circumstances:

      (1)   The city determines that a person has violated a consent agreement entered into with the city; or

      (2)   The city determines that a person has violated or continues to violate this chapter, a rule promulgated pursuant to this chapter, or a stormwater construction approval issued hereunder, and the city has attempted to resolve the violation pursuant to §§ 55.096 and 55.097 but no voluntary agreement or consent agreement has been entered into.

   (C)   The administrative compliance order shall contain a statement of facts upon which the order is based, a description of the actions that must be taken to correct the noncompliance, a compliance schedule, and other requirements as might be reasonably necessary to address the noncompliance. Administrative compliance orders also may contain administrative fines and penalties, and such other monetary relief as may be necessary to compensate the city for costs incurred investigating, administering, and enforcing this chapter or rules promulgated hereto.

   (D)   Within 28 days of being issued an administrative compliance order, the person or persons receiving the order may appeal the issuance of the order pursuant to §§ 55.115 and 55.116 of this chapter.

(Ord. 826, passed 11-9-09)