(A) When a Compliance Officer determines after reasonable observation or investigation that a person has violated a prohibition or failed to meet a requirement of this subchapter, he or she may order compliance by written notice of violation to that person. Such notice may require, without limitation:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit connections or discharges;
(3) That discharges, practices or operations that are in violation shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and/or
(5) The implementation of source control or treatment BMPs.
(B) Notice(s) of violation shall be served in accordance with the law of the state concerning the service of process in civil actions, except that a method of service effectuated by a mailing by the clerk of a court (e.g., service pursuant to State Rule of Civil Procedure 4(d)(1)(D)) shall be deemed to be effectuated by a mailing by a Compliance Officer. If service is made by certified mail consistent with State Rule of Civil Procedure 4(d)(1)(D) and delivery of the notice of the violation is refused, the Compliance Officer, promptly upon the receipt of the notice of such refusal, shall mail to the person being noticed, by first class mail, postage prepaid:
(1) A copy of the notice of the violation(s);
(2) A notice that despite such refusal, the notice of the violation(s) is valid; and
(3) Advising that the city will proceed to enforce the notice of violation(s). So long as such first class mailing is not returned as undeliverable by the U.S. Postal Service, service of the notice of violation(s) will be conclusively presumed to have been effectuated. Proof of service shall be made at the time of service by a written declaration, under oath, executed by the enforcement official effecting service and shall declare the time, date and manner by which service was made.
(C) Any notice of violation(s) under this section shall be in writing and shall contain the following:
(1) The date the notice of violation is given;
(2) The name and address of the person(s) charged with the violation;
(3) The nature of the violation;
(4) A statement of the action required to be taken in order to correct the violation and further prevent it;
(5) The time period allowed for the violation to be corrected. When determining the time period allowed for correction, a Compliance Officer shall take into consideration the threat posed by the violation to the health, safety and welfare of the public and the nature of the work required to correct the violation;
(6) The maximum fines that may be assessed if the violation is not corrected and a citation is issued; and
(7) The name, address and telephone number of the Compliance Officer issuing the notice of violation.
(D) Nothing in this section shall limit the authority of Compliance Officers to take any other lawfully prescribed enforcement action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. passed 10-4-2016)