(a) Notice of Violation. When the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City may order compliance by written notice. Such notice must specify the violation and shall be hand-delivered, sent by registered mail to the owner or operator of the facility, adhered to an entrance door of the facility, left at the facility with an occupant of an age suitable for the purposes of delivering notice, or delivered by a method reasonably designed to give notice to the owner or operator. Such notice may require:
(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 best management practices.
(b) If abatement of a violation or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall further advise that, should the facility owner or 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 period of time established in the notice of violation.
(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 before the Director of Public Safety or his or her designee to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand-delivered, sent by registered mail to the owner or operator of the facility or delivered by a method reasonably designed to give notice to the owner or operator.
(e) Injunctive Relief. It shall be unlawful for any owner or operator to violate any provision or fail to comply with any of the requirements of this chapter. If an owner or operator has violated or continues to violate the provisions of this chapter, the City may petition for a preliminary or permanent injunction restraining the owner or operator from activities that would create further violations or compelling the owner or operator to perform abatement or remediation of the violations.
(Ord. 28-13. Passed 10-21-2013.)