§ 53.049 ENFORCEMENT.

   (A)   Notification of violation. If the Board finds that any discharger has engaged in conduct which justifies suspension of service, the Board shall serve the discharger with a written notice, either personally or by certified or registered U.S. mail, stating the nature of the alleged violation. Within ten days following receipt of the notice, the discharger shall respond personally or in writing to the Board, advising of its position concerning the allegations. Thereafter, the parties shall meet to determine the seriousness of the allegations and, if necessary, establish a plan for the satisfactory correction of any violations.

   (B)   Show cause hearing. If a violation of this chapter or of applicable storm water management regulations occurs and is not corrected by timely compliance, the Board may order any discharger to show cause before them and state why the proposed suspension of service should not be taken. A written notice shall be served on the discharger by personal service, or by certified or registered U.S. mail, specifying the time and place of a hearing to be held by the Board. The hearing shall consider the violation, the proposed enforcement action, the reasons why the enforcement action should be taken, and directing the discharger to show cause before the Board as to why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the Board and appropriate orders with respect to the alleged improper activities of the discharger shall be issued.

   (C)   Violation by government entities. If a violation of this chapter or of applicable storm water management regulations occurs by other government entities, the Board shall serve the government entity with a written notice, either personally or by certified or registered U.S. mail, stating the nature of the alleged violation and shall direct the government entity to correct the violation.

   (D)   Annual publication of violators. A list of all dischargers which were found to be in significant noncompliance shall be published annually by the Board in the largest daily newspaper in the municipality in which the Board is located.

(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)

§ 53.050 ISSUANCE OF CEASE AND DESIST ORDERS.

   When the Board or its authorized agent finds that a discharge has taken place, in violation of prohibitions or limitations of this chapter, the Board may issue an order to cease and desist and direct that those persons not complying with those prohibitions, limits, requirements or provisions to:

   (A)   Comply forthwith;

   (B)   Comply in accordance with a time schedule set forth by the Board; or

   (C)   Take appropriate remedial or preventive action in the event of a threatened violation.

(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)

§ 53.051 SUBMISSION OF SCHEDULE.

   If the Board finds that a discharge has been taking place, in violation of prohibitions or limitations prescribed in this chapter, or storm water pollution prevention requirements, or the provisions of a storm water discharge authorization, the Board may require the user to submit for approval, with those modifications it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.

(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)

§ 53.052 APPEALS.

   (A)   Any user affected by any decision, action or determination, including cease and desist orders, made by the Board or its authorized agent, interpreting or implementing the provisions of this chapter or in any authorization issued herein, may file with the Board or its authorized agent a written request for reconsideration within ten days of the decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration.

   (B)   If the ruling made by the Board is unsatisfactory to the person requesting reconsideration, he or she may, within ten days after notification of Board action, file a written appeal to the Board. The written appeal shall be heard by the Board within 30 days from the date of filing. The Board shall make a final ruling on the appeal within ten days after the close of the meeting. The Board's or its authorized agent's decision, action or determination shall remain in effect during that period of reconsideration.

(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)

ABATEMENT

§ 53.060 PUBLIC NUISANCE.

   Discharges of pollutants in any manner in violation of this chapter or of any order issued by the Board as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Board. Any person creating a public nuisance is guilty of an ordinance violation.

(Ord. 18-2005, passed 6-21-2005; Am. Ord. 43-2005, passed 1-3-2006)