(A) Warning notice. When the city finds that any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, the city may serve upon that person or business a written warning notice, specifying the particular violation believed to have occurred and requesting 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 relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division (A) shall limit the authority of the city staff to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(B) Notice of violation. Whenever the city finds a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. The notice of violation shall 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;
(4) A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of the remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 30 days of service of notice of violation; and
(7) 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 contractor and the expense thereof shall be charged to the violator. The notice may require without limitation:
(a) Monitoring, analyses, and reporting;
(b) Elimination of illicit connections or discharges;
(c) Abatement of pollution and hazards;
(d) Restoration of affected property;
(e) Payment of fine to cover administrative and remediation costs;
(f) Implementation of source control or treatment BMPs; and
(g) Other actions as deemed necessary by the city.
(C) Deadline for restoration. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. 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.
(Prior Code, § 7-10-14) (Ord. 606, passed 12-8-2014)