(1) Prohibited Conduct. No person shall cause, suffer, permit, or allow any asbestos project to be performed in violation of any provision of this Chapter or regulations promulgated thereunder. In addition, no person shall cause, suffer, permit, or allow the performance of any acts or operations in violation of any orders issued by the Department pursuant to this Chapter and regulations promulgated thereunder.
(2) Violations. The Department shall have the power to issue an order requiring compliance with this Chapter or regulations promulgated thereunder. An order shall be served personally or by certified mail at the last known address upon the person(s) violating the provisions of this Chapter or regulations promulgated thereunder. In cases of a violation of asbestos project standards, a copy of the order shall also be served personally or by certified mail at the last known address upon the registered building owner and posted on the premises.
(3) Hazardous Conditions. Where the Department determines that a hazardous condition exists due to the failure to comply with the provisions of this Chapter and regulations promulgated thereunder, the Department, in addition to invoking any other sanctions available to it, may:
(a) issue an order to immediately correct the hazardous condition and to cease any other asbestos project activity until the condition is corrected;
(b) remove any asbestos workers, except those needed to abate the hazard, from the project work area until the condition is corrected in order to prevent further project activity;
(c) evacuate appropriate portions of the building until the condition is corrected; and
(d) certify the existence of a nuisance per se to the Department of Licenses and Inspections, which shall abate and remove the violation or contract for its abatement and removal; charge the cost of the abatement and removal to the person responsible therefor; and collect the cost by lien or other means as may be authorized by law;
(e) apply to any appropriate Court for relief by injunction or restraining order against any person responsible for the hazardous condition.
(4) Penalties. 122 In addition to any other sanction or remedial order provided herein, any person who either fails to comply with the requirements of this Chapter and regulations adopted hereunder, or fails to obey an order issued by the Department, may be subject to any of the following penalties:
(a) suspension and/or revocation of any permits issued pursuant to the provisions of this Chapter;
(b) imposition of a fine not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000);
(c) suspension or revocation of any licenses issued pursuant to the provisions of this Chapter;
(d) issuance of a stop work order or an order to cease any asbestos project activity immediately; or
(e) initiation of legal action or proceedings in a court of competent jurisdiction.
(5) Continued Violations. 123 Each day a violation continues to exist shall constitute a separate violation for which a separate penalty shall be imposed.
(6) Repeat Offenders. 124 Any person who, on more than one occasion, either fails to comply with a provision of this Chapter or regulations adopted hereunder, or fails to obey an order issued by the Department, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than two thousand dollars ($2,000), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
Notes
| 122 | Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 130685 (approved February 19, 2014). |
| 123 | Enrolled Bill No. 760-A numbered this as subsection (4) (1986 Ordinances, p. 694); renumbered by Code editor. |
| 124 | Amended, Bill No. 130685 (approved February 19, 2014). |