(a) Whenever the City of Streetsboro finds that a person has violated a prohibition or failed to meet a requirement of these rules in conjunction with a failure to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity; the City of Streetsboro may issue a stop work order to the responsible person.
(b) Notwithstanding the provisions of Paragraph A of this Section, whenever the City of Streetsboro finds that a person has violated any prohibition or failed to meet any requirement of these rules, the City of Streetsboro may order compliance by written Notice of Violation to the responsible person. Such notice must specify the violation and shall be hand delivered, and/or sent by certified mail, to the owner/operator of the facility. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
(c) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the City of Streetsboro may seek to have the work done by a designated governmental agency or a contractor, and the expenses charged to the violator.
(d) If, after a period of not less than thirty days has elapsed following the issuance of the Notice of Violation, the violation continues, the City of Streetsboro may issue a second Notice of Violation, including any relevant updated information.
(e) If, after a period of not less than fifteen days has elapsed following the issuance of the second Notice of Violation, the violation continues, the City of Streetsboro may issue a stop work order.
(1) In the case of any issuance of a stop work order, the City of Streetsboro shall request, in writing, the City of Streetsboro Prosecuting Attorney to seek an injunction or other appropriate relief in the court of common pleas, in accordance with Section 1197.14 of these rules.
(2) The person to whom a stop work order is issued under this section may appeal the order to the Portage County Court of Common Pleas.
(Ord. 2010-31. Passed 4-26-10.)