(a) Notice of Violation. Whenever the Administrator finds that a violation of this Chapter has occurred, the Administrator will order compliance by written notice of violation to the responsible person.
(1) The Notice of Violation shall contain:
A. The name and address of the alleged violator;
B. The address, when available, or a description of the building, structure or land upon which the violation is occurring, or has occurred;
C. A statement specifying the nature of the violation;
D. A description of the remedial measures necessary to restore compliance with this Chapter and a time schedule for the completion of such remedial action;
E. A statement of the penalty or penalties that shall or may be assessed against the person to whom the Notice of Violation is directed; and
F. A statement that the determination of violation may be appealed following the procedure outlined in Section 951.10(b) herein.
(2) The Notice of Violation may require without limitation:
A. The performance of monitoring, analyses, and/or reporting;
B. The elimination of illicit discharges and illegal connections;
C. That violating discharges, practices or operations shall cease and desist;
D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and,
E. The implementation of pollution prevention practices.
(3) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Village of Obetz or a contractor and the expense thereof shall be placed on the tax duplicate of the property.
(b) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the Administrator or person who issued the Notice of Violation to Council. The Notice of Appeal must be received within five (5) business days from the date of the Notice of Violation. The Notice of Appeal must be filed with the Council Clerk. Council shall conduct a hearing on the appeal within thirty (30) days from the date of receipt of the Notice of Appeal. Council shall render a decision on the appeal within thirty (30) days of the hearing.
(c) Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) calendar days of the decision of Council upholding the decision of the Administrator, then representatives of the Village of Obetz shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(d) Cost of Abatement of the Violation. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within thirty (30) days after completion of the work, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the Village by reason of such violation.
(e) Recovery of Fees. The Village of Obetz may recover in full attorney's fees, court costs, and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.
(f) Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. If a person has violated or continues to violate the provisions of this Chapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 34-09. Passed 12-14-09.)