1373.10  SEALING.
   (a)   Any person who has been found to have violated the provisions of this chapter three or more times within a twelve-month period, shall be notified by registered or certified mail to show cause before the Commissioner of Air Pollution Control within ten days why the offending equipment may not be sealed.  The notice shall be directed to the last address of the person to be notified, or if the person or his whereabouts is unknown, then the notice shall be posted on or near the premises at which the violations have occurred.  If upon the hearing, at which the violator or his agent or attorney may appear and be heard, the Commissioner finds that adequate corrective measures have not been taken, he may seal the equipment until such time as corrective measures have been taken.
   (b)   Sealing may also be ordered by the Commissioner and effected after reasonable notice:
      (1)   On any equipment being operated without a valid, unexpired certificate of operation as required by this chapter;
      (2)   Where necessary repairs or alterations are not accomplished within the time limit specified and not appealed;
      (3)   In cases of emergency the equipment may be sealed without notice where operation of the equipment is or may reasonably be dangerous to health or safety;
      (4)   Where the control equipment has been installed in order to enable an operation or process to meet the conditions of the issuance of a permit or certificate of operation, but is not being operated;
      (5)   Where test facilities and access required under Section 1379.02 are not provided;
      (6)   Where process equipment, fuel-burning equipment, refuse-burning equipment or control equipment has been installed without permits, the equipment may be sealed without notice.
   (c)   Pursuant to Section 1375.16, a prima facie evidence of violation will support the action of the Commissioner in sealing certain equipment as provided therein.
   Sealing of equipment shall not be a bar to other legal action against the owner or operator thereof.
   (d)   It shall be unlawful to break or remove a seal or to operate equipment sealed by the Commissioner, unless such breaking, removal, or use is authorized in writing by the Commissioner.
(Ord. 1970-69.  Passed 7-28-70.)