(A) Verbal warning. Whenever the city finds that a person, company, developer or any other entity has violated a prohibition or failed to meet a requirement of this section, the Enforcement Agency may order compliance by way of a verbal warning to the responsible entity as the first level of enforcement. The warning shall specify the particular violation believed to have occurred and request the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease.
(B) Written warning. Whenever the city finds that a person, company, developer or any other entity has violated a prohibition or failed to meet a requirement of this section, or has not complied with a verbal warning within a reasonable period of time, the Enforcement Agency may order compliance by a written warning to the responsible entity. The warning shall specify the particular violation believed to have occurred and request the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way will relieve the alleged violator of liability for any violations occurring before or after receipt of the warning notice. The warning notice will contain:
(1) The name and address of the alleged violator;
(2) The address (when available) or a description of the building, structure or land upon which the violation is occurring or has occurred;
(3) A statement specifying the nature of the violation; and
(4) A statement specifying the established time schedule to restore compliance.
(C) Notice of violation.
(1) Whenever the Enforcement Agency of the city finds that a person, company, developer or any other entity has violated a prohibition or failed to meet a requirement of this section, the Enforcement Agency may order compliance by a written notice of violation (NOV) to the responsible entity. The NOV will contain:
(a) The name and address of the alleged violator;
(b) The address (when available) or a description of the building, structure or land upon which the violation is occurring or has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to restore compliance with this section and a timetable schedule for completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the NOV is directed;
(f) A statement that the determination of violation may be appealed to the Enforcement Agency of the city by filing a written notice of appeal within seven days of service of the NOV; and
(g) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a government-hired contractor and the expense thereof shall be charged to the violator.
(2) Such notice may require without limitation:
(a) That violating discharges, practices or operations shall cease and desist;
(b) The performance or monitoring, analysis, and reporting;
(c) The elimination of illicit connections or discharges;
(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(f) Payment of a fine to cover administrative and remediation costs; and
(g) The implementation of source control or treatment BMPs.
(3) Additional offenses of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced through a citation, which will be issued by the Enforcement Agency.
(4) For the purpose of this section, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(D) Appeal of notice of violation. Any person receiving a NOV may appeal the determination to the city. A notice of appeal must be received, in writing, within seven days from the date of the NOV. A hearing on the appeal before the City of Lawrenceburg Code Enforcement –Nuisance Board (CENB) shall take place within 15 days from the date of receipt of the written notice of appeal. The decision of the CENB shall be final.
(E) Abatement by the city. If the violation has not been corrected pursuant to the requirements set forth in the NOV, or, in the event of an appeal to the City of Lawrenceburg Code Enforcement –Nuisance Board within ten days of the decision to uphold the NOV, then the City or designated contractor shall enter upon the subject private premises and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Enforcement Agency of the City of Lawrenceburg or designated contractor to enter upon the premises for the purposes set forth above.
(F) Charging cost of abatement / liens.
(1) Within 30 days after abatement of the nuisance by the city, the city shall notify the property owner of the premise of the cost of abatement, including administrative costs.
(2) If the amount due is not paid within ten days, the City Clerk shall enter the amount due on the tax roll and collect as a special assessment against the property and shall constitute a lien on the property.
(3) If the amount due is not paid within ten days, the City Clerk, or the City Attorney shall cause a lien against the property to be filed in the Office of the Anderson County Clerk.
(Ord. 2014-006, passed 10-13-14)