(a) Cease and Desist Orders. Whenever the Department finds that a person in violation of any requirements of this Article, permit or any order issued under this Article, by the Director may:
(1) Issue an order directing the person to cease and desist such violation and directing the person to achieve compliance with a detailed time schedule of various actions the person must take to correct or prevent violations of this Article.
(2) Issue an order revoking or suspending any permit.
(b) Any order issued under this Subsection may require the person to provide such information as the Department deems necessary to explain the nature of the violation. The order issued may require the person to pay the City the costs of any extraordinary inspection or monitoring deemed necessary by the Department because of the violation.
(c) Administrative Complaints. The Department may issue an administrative complaint, approved as to form by the City Attorney to any person who is in violation of this Article, any provisions of the permit or a final and non-appealable Director's order issued under this Article. The complaint shall allege the acts or omissions that constitute the basis for liability and the amount of the proposed administrative penalty. The Department shall serve the complaint by personal service or certified mail, return receipt requested, and shall inform the party so served that an administrative hearing provided for in Section 833 shall be conducted within 60 days after the party has been served, unless the party waives its right to the hearing. If the party waives the right to the hearing, the Director shall issue an order setting liability in the amount proposed in the complaint unless the Department and the party have entered into a settlement agreement, in which case, such agreement shall be construed as an order issued by the Director. The settlement agreement shall be approved as to form by the City Attorney. Where the party has waived its right to a hearing or where there is a settlement agreement, the order shall not be subject to review by any court or agency.
(d) Referral to the District Attorney. Upon the failure of any person to comply with any requirement of this Article, the Department may refer the matter to the District Attorney for criminal prosecution.
(e) Injunctive Relief.
(1) Upon the failure of any person to comply with any requirement of this Article, permit, any regulation or any order issued by the Director, the City Attorney, upon request by the Director, may petition the proper court for injunctive relief, payment of civil penalties and any other appropriate remedy, including restraining such person from continuing any prohibited activity and compelling compliance with lawful requirements.
(2) In any civil action brought under this Subsection in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following:
(A) Irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued;
(B) The remedy at law is inadequate
The court shall issue a temporary restraining order, preliminary injunction or permanent injunction in a civil action brought under this Article without the allegations and without the proof specified herein.
(f) Notice of Violation. Upon a determination of violations of this Article, the Department may issue a notice of violation setting forth all violations found and a time period to correct such violation. The owner and operator of the well/soil boring and the owner of the property on which the well/soil boring is situated shall be provided with a copy of the notice of violation.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)