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   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.)
   1130.10 REMEDIES NOT EXCLUSIVE.
   The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state, or local law and it is in the discretion of the Village to seek cumulative remedies.
(Ord. 2022-20. Passed 10-17-22.)
   1130.11 SANITARY SEWER SURCHARGE REDUCTION AND ELIMINATION POLICY.
   (a)   Background.
      (1)   The Village recognizes that inflow and infiltration (I/I) of storm water into the sanitary sewer system during rain events exists. It is the Village's policy to work with the Cuyahoga County Department of Public Service, who is contracted to maintain the sanitary sewer system, to address problems related to I/I. It is the goal of the Village and County to remove inflow and infiltration from the system wherever possible and practical.
      (2)   As a measure to afford property owners some level of protection and relief from inflow and infiltration backup into their basements while the Village and County work to reduce and eliminate I/I from the system, the Village hereby establishes the following policies and procedures for the installation of backflow devices or other measures necessary to reduce and/or eliminate the basement flooding caused by a surcharge into the sanitary sewer system.
   (b)   Funding.
      (1)   The Village will establish a fund to be used for the program.
      (2)   The fund will be used to reimburse property owners for costs incurred in the installation of backflow devices and/or the reconfiguration of plumbing to eliminate or reduce basement flooding caused by surcharge of the sanitary sewer main.
      (3)   The total number of reimbursements available in any calendar year shall be limited to the appropriation of funds for the program established in the yearly appropriations ordinance.
            (4)    The Village will make request to Cuyahoga County for reimbursement of funds used for this program from sanitary sewer maintenance fees collected by the County for maintenance of the sewer collection system.
            (5)    Reimbursement for the installation of backflow devices and/or the reconfiguration of plumbing shall not exceed one hundred percent (100%) of the total cost of labor and materials in an amount not to exceed one thousand five hundred dollars ($1,500) per property.
            (6)    Property owners failing to follow the policies and procedures established contemporaneously herewith by the Village may be deemed ineligible for reimbursement.
   (c)    Permitting.
      (1)    In order to qualify for this funding, property owner shall first be required to complete an application for reimbursement.
      (2)    Prior to the commencement of any work to be performed, a permit must be obtained from the Building Department.
      (3)    The Building Department will make an inspection of the property's existing plumbing to determine the following:
         A.    That all private side plumbing is properly connected to the public system;
         B.   Suitability of the planned method of relief (i.e. a backflow device, stand pipe, overhead plumbing, etc.) and;
         C.   Verification that inflow and infiltration (I/I) surcharge from the public sewer system may be an attributable cause of basement flooding.
            (4)    If the inspection reveals I/I emanating from private property or other causes which would prove the proposed relief method ineffective, the property owner will be required to correct the deficiency.
            (5)    Contractors are required to be registered with the Cuyahoga County Department of Public Works, Division of Sanitary Engineers and with the Mayfield Village Building Department.
            (6)    Verification of the completion of all work and approval of the reimbursement application to the satisfaction of the Building Commissioner and recommendation that the Director of Finance make reimbursement to the property owner.
   (d)    Moral Claims.
            (1)    In cases where special and/or unique conditions exists, property owners may seek compensation for expenses beyond those authorized by this policy through the moral claims process as set forth by the Village.
            (2)    Property owners who have installed or modified plumbing as a means to prevent a back up of the public sanitary sewer system prior to the adoption of this policy may seek reimbursement through the moral claims process in accordance with Chapter 159 of the regulation.
         (Ord. 2022-20. Passed 10-17-22.)