(a) Whenever the City finds that a person has violated any prohibition, limitation, or provision of this chapter, the City may order compliance by written notice of violation to the responsible person. Such notice must specify the violation and shall be hand-delivered, and / or sent by registered mail, to the owner / operator of the facility. Such notice may require the following actions without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) MS4 access termination for the entire premises, if such termination would abate or reduce an illicit discharge;
(4) That violating discharges, practices, or operations cease and desist;
(5) Payment of a fine to cover administrative and remediation costs;
(6) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(7) The implementation of source control or treatment BMPs.
(b) If abatement of a violation and / or restoration of affected property are required, the notice of violation shall set forth a reasonable deadline within which such remediation or restoration must be satisfactorily completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(c) Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
(d) Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within 15 days from the date of the notice of violation. A hearing on the appeal before the appropriate authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.
(e) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the City shall enter upon the subject private property and are 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 / operator, agent or person in possession of any premises to refuse to allow the City of Loveland or designated contractor to enter upon the premises to refuse for the purposes set forth above.
(f) Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the owner of the property will be notified of any incurred cost of abatement, liability to the City for damages resulting from the violation, and applicable fines, including administrative costs. The violator or property owner may file a written protest objecting to the amount of assessment within 14 days of receipt of incurred costs. If the amount due is not paid within ten (10) days following a decision by the authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(g) It shall be unlawful for any owner / operator to violate any provision or fail to comply with any of the requirements of this ordinance pursuant to Ohio R.C. 3709.211. If an owner / 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 / operator from activities that would create further violations or compelling the owner / operator to perform abatement or remediation of the violation.
(h) A condition caused or permitted to exist as a result of any violation of any of this chapter which threatens the public health, safety, or welfare constitutes a public nuisance subject to abatement, restoration, and/or civil action to abate or enjoin as may be available under applicable law.
(Ord. 2012-14. Passed 2-28-12.)
(Ord. 2012-14. Passed 2-28-12.)