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(A) Contents. The notice to abate shall contain:
(1) Description of illicit discharge or illegal connection. A description of what constitutes the illicit discharge or illegal connection;
(2) Location of illicit discharge or illegal connection. The location of the illicit discharge or illicit connection;
(3) Acts necessary to abate. A statement of the act or acts necessary to abate the illicit discharge or illegal connection;
(4) Reasonable time. A reasonable time within which to complete the abatement; and
(5) Payment of city’s costs. A statement that if the illicit discharge or illegal connection is not abated as directed and no request for hearing is made within the time prescribed, the city will abate it and invoice the costs to the responsible party.
(B) Method of service of notice to abate. The notice shall be sent by certified mail to the property owner.
(C) Request for hearing. Any responsible party ordered to abate an illicit discharge or illegal connection may have a hearing with the Council as to whether an illicit discharge or illegal connection exists. A request for a hearing must be made in writing and delivered to the City Clerk within the time stated in the notice, or it will be conclusively presumed that an illicit discharge or illegal connection exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if an illicit discharge or illegal connection is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
(D) Failure to abate. Any responsible party causing or maintaining an illicit discharge or illegal connection who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this code of ordinances.
(E) Abatement by city. If the responsible party notified to abate an illicit discharge or illegal connection neglects or fails to abate as directed, the city may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay the expenses on behalf of the city.
(F) Collection of costs. If it is determined that an illicit discharge is imminent or has occurred, the actual administrative costs incurred by the city in the enforcement of this chapter shall be recovered from the responsible party. The Inspector shall submit an invoice to the responsible party reflecting the actual costs and wages and all other expenses incurred by the city for the enforcement activities undertaken. Failure to pay charges invoiced under this chapter within 30 days of billing shall constitute a violation of this chapter.
(G) Abatement in emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the illicit discharge or illegal connection, the city may perform any action which may be required under this chapter without prior notice. The city shall bill the costs as provided in division (F) above.
(H) Abatement on a public street or on public property. The person causing an illicit discharge on a public street or on public property shall be responsible for abatement, as directed by the city, or shall pay all costs of abatement performed by the city. The city shall bill any costs incurred as provided in division (F) above. In addition to paying the costs of abatement, any person causing an illicit discharge on a public street or on public property shall be subject to a civil penalty in accordance with this chapter.
(Ord. 2005-22, passed 9-27-2005) Penalty, see § 53.99