(A) Notice of Violation.
(1) Whenever the City Manager finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the City Manager may order compliance by written notice of violation to the responsible person.
(2) The notice of violation shall be sent via Certified U.S. mail or via hand delivery to the owner of the property and any tenant or resident of the property and the licensee listed under a City business license for the property and said notice shall contain:
(a) The name and address of the parties listed above;
(b) The address when available or 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 subchapter and a time schedule for the completion of such remedial actions;
(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 to the City Manager by filing a written notice of appeal within thirty (30) calendar days of service of notice of violation.
(3) Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(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;
(e) Payment of a fine in accordance with § 95.37 to cover administrative and remediation costs; and
(f) The implementation of recommended source control or treatment BMPs.
(B) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such abatement or restoration must be completed. Said notice shall further advise that, should the violator fail to abate 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.
(Ord. 2008-37, passed 5-15-08)