(A) Notice of violation. When the city finds that a person has violated a prohibition or failed to meet a requirement of §§ 53.25 through 53.34
, the city may order compliance by written notice of violation. Such notice must specify the violation and shall be hand delivered and/or sent by registered mail to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(5) The implementation of source control or treatment BMPs.
(B) If abatement of a violation and/or restoration of affected property are 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 facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
(C) Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
(D) Administrative hearing. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city shall schedule an administrative hearing to determine reasons for noncompliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
(E) Injunctive relief. It shall be unlawful for any owner/operator to violate any provision to fail to comply with any of the requirements of §§ 53.25 through 53.34
pursuant to R.C. § 3709.211. If an owner/operator has violated or continues to violate the provisions of §§ 53.25 through 53.34
, the city may petition for a preliminary or permanent injunction restraining the owner/operator to perform abatement or remediation of the violation.
(Ord. 17-007, passed 3-7-17)