(A) After any person who has been previously notified of three or more violations of this subchapter within any consecutive 12-month period, in respect to the emission of smoke, dust or fumes, that the person shall be notified to show cause before the City Manager on a specified day to be not less than ten days from the date of notice, why the equipment causing the violations should not be sealed.
(B) The notice herein provided for may be given by mail directed to the last known address of the person to be notified, or if the address or the whereabouts is unknown, then by posting a notice on or near the premises at which the violations shall have occurred. Upon the date specified, the person, or representative of the person, may appear and be heard.
(C) Upon the hearing, if the Hearing Officer finds that adequate corrective means and methods have not been employed to correct the complained of condition, then it shall be the officer’s duty to seal the equipment until the time as a new operating certificate as provided under this subchapter has been applied for and issued.
(D) An appeal from the order may, within ten days, be made to the governing body and the appeal shall act as a stay of the decision pending the decision of the governing body.
(Prior Code, § 9-48)