1130.09 ENFORCEMENT.

   (a)   Notice of Violation. When the Village finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village may order compliance by written Notice of Violation. 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:

      (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 BMPs.

   (b)   If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/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 time established in the Notice of Violation.

   (d)   Administrative Hearing: If any member of the Village administration makes any adverse decision under the authority vested by this chapter, that decision may be appealed by any person adversely affected thereby to the Village Planning and Zoning Commission by sending a letter to the Building Commissioner within ten (10) days of the decision. Planning and Zoning Commission shall place the matter on the agenda for the next meeting occurring not less than ten (10) days after receipt of the letter by the Building Commissioner. The Planning and Zoning Commission shall hear the appeal, and make a recommendation to Village Council within sixty (60) days of the filing of the letter requesting the appeal, unless the appellant consents to a longer period of time. In the event the Planning and Zoning Commission does not decide the issue within sixty (60) days of the filing of the letter requesting the appeal, and the appellant has not consented to a longer period of time, the appeal shall be forwarded to Village Council for final determination. The decision of Village Council shall be final within the Village and may be appealed pursuant to law by any person.

   (e)   Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, The Village 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.

(Ord. 2022-20. Passed 10-17-22.)