§ 9.03 PROCEDURES FOR DETERMINING COMPLIANCE.

   In the event that the township receives complaints or otherwise acquires evidence of possible violation of any of the performance standards set forth in this Article, the following procedures shall be used to investigate, and if necessary, resolve the violation:

   A.   Official investigation. 

      Upon receipt of evidence of possible violation, the Zoning Administrator shall make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards. The Zoning Administrator may initiate an official investigation in order to make such a determination.

      Upon initiation of an official investigation, the Zoning Administrator is empowered to require the owner or operator of the facility in question to submit data and evidence deemed necessary to make an objective determination regarding the possible violation. Failure of the owner or operator to supply requested data shall constitute grounds for taking legal action to terminate the use and/or deny or cancel any permits required for continued use of the land. Data which may be required includes, but is not limited to the following:

      1.   Plans of the existing or proposed facilities, including buildings and equipment.

      2.   A description of the existing or proposed machinery, processes, and products.

      3.   Specifications for the mechanisms and techniques used or proposed to be used to control emissions regulated under the provisions of this Article.

      4.   Measurement of the amount or rate of emissions of the material purported to be in violation.

   B.   Method and cost of determination. 

      The Zoning Administrator shall take measurements and complete investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately made by the Zoning Administrator using equipment and personnel normally available to the township without extraordinary expense, such measurements and investigation shall be completed before notice of violation is issued. If necessary, skilled personnel and spec equipment or instruments shall be secured in order to make the required determination.

      If the alleged violation is found to exist in fact, the costs of making such determination shall be charged against those responsible, in addition to such other penalties as may be appropriate. If it is determined that no substantive violation exists then the costs of this determination shall be paid by the township .

   C.   Appropriate remedies. If, after appropriate investigation, the Zoning Administrator determines that a violation does exist, the Zoning Administrator shall take or cause to be taken lawful action as provided by this Ordinance to eliminate such violation. The owners or operators of the facility deemed response shall be given written notice of the violation. The Zoning Administrator shall take appropriate action in accordance with the owner or operator’s response to the notice of violation. Appropriate action includes the following:

      1.   Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the Zoning Administrator shall note “Violation Corrected” on the township ’s copy of the notice, and the notice shall be retained on file. If necessary, the Zoning Administrator may take other action as may be warranted by the circumstances of the case, pursuant to the regulations in this and other ordinances.

      2.   Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits (thus establishing admission of violation, as provided § 9.03, subsection A), and the alleged violation is not corrected in accordance with the regulations set forth in this Article, then the Zoning Administrator shall take such action as may be warranted to correct the violation.

      3.   Reply requesting extension of time. If a reply is received within the specified time limit indicating that an alleged violation will be corrected in accordance with the regulations set forth in the Zoning Ordinance, but that more time is required than was granted by the original notice, the Zoning Administrator may grant an extension if-

         a.   The Zoning Administrator deems that such extension is warranted because of the circumstances in the case; and

         b.   The Zoning Administrator determines that such extension will not cause imminent peril to life, health, or property.

      4.   Reply requesting technical determination. 

         If a reply is received within the specified time limit request further review and technical analysis even though the alleged violations continue, then the Zoning Administrator may call in properly qualified experts to complete such analysis and confirm or refute the initial determination of violation.

         If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this Ordinance. Such costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation. If the bill is not paid within 30 calendar days, the township shall take whatever appropriate action is necessary to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. If no substantial violation is found, cost of determination shall be paid by the township .

(Ord. passed 7-9-2013)