(a) Any person who has been found to have violated the provisions of this Chapter two (2) or more times within a twelve (12) month period, shall be notified by registered or certified mail to show cause before the Director within ten (10) 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 Director 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 Director and effected after reasonable notice:
(1) On any equipment being operated without a valid 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) Where the control equipment has been installed in order to enable an operation or process to meet the conditions of the issuance of an installation permit or certificate of operation, but is not being operated.
(c) Where incinerator equipment or control apparatus has been constructed, installed, reconstructed or altered without installation permit, or operated without a certificate of operation, or in cases of emergency where operation is or may be dangerous to health or safety, the incinerator may be sealed without notice.
Prima-facie evidence of a violation will support the action of the Director 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.
No person shall break or remove a seal or operate equipment sealed by the Director unless such breaking, removal or operation is authorized in writing by the Director.
(Ord. 42-72. Passed 5-22-72.)