(A) Whenever the director determines that any person who owns a well, or any person who is in possession of a well or any other person is responsible for violating any provision of this subchapter, or that any requirement of any permit issued pursuant to this subchapter is not being implemented or adhered to by such person, the director shall send such person a notice of violation. The notice of violation shall be delivered in accordance with § 52.083.
(B) The notice of violation shall:
(1) Identify the provision of this subchapter or the applicable permit which has been violated;
(2) State how the violation may be corrected;
(3) Advise that if the violation is not corrected by a deadline to be specified in the notice of violation, a notice of noncompliance may be recorded against the property in the Office of the County Recorder;
(4) Advise that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or other person;
(5) Advise that administrative fines may be imposed pursuant to § 52.081; and
(6) Advise that the determination that a violation exists may be appealed, but that the appeal must be filed in accordance with § 52.082.
(C) If the violation is not corrected pursuant to the notice of violation as determined by the director within the time allotted or if the violation is upheld after an appeal pursuant to § 52.082, a notice of noncompliance may be recorded in the Office of the County Recorder. The notice of noncompliance shall describe the property and specify the ordinance section or permit terms or conditions violated. The director shall record a release of notice of noncompliance with the Office of the County Recorder only if and after the violations have been fully corrected to the satisfaction of the director and all county enforcement costs and fees and administrative fines have been paid. The violator must pay a fee for recordation of the release of notice of noncompliance as determined in the adopted schedule of fees.
(D) If a notice of noncompliance is recorded in the Office of the County Recorder, a notice of imposition of administrative fines shall be served upon the violator. The notice of imposition of administrative fines shall describe the property and state the following for each violation:
(1) The amount of the fine that will accrue per violation as determined pursuant to § 52.082;
(2) The date the fine will begin accruing, which may be the same date the notice is served;
(3) That additional fines may accrue until the violation is corrected as determined by the director;
(4) That the amount of the fine may be increased in the future if the violation is not corrected;
(5) That the accrued fines are immediately due and owing and that the notice of imposition of administrative fines may be recorded as a lien against the property for all unpaid fines; and
(6) That the amount of the fines may be administratively appealed in accordance with § 52.082 within 30 days of the date of service of the notice of imposition of administrative fines.
(Ord. 1274, passed 6-5-17)