(a) Notice of Violation. When the Director of Public Service or his designee finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Director of Public Service or his designee 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 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 facility owner/operator fail to remediate or restore within the deadline established by the Director of Public Service or his designee, 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 Director of Public Service or his designee shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
(e) Administrative Fines: Any owner/operator who fails to comply with any provision of this regulation shall be subject to an administrative fine as follows. These fines shall be for violations within a six-month period and shall be per violation.
(1) First violation: $100.00 to $250.00 fine.
(2) Second violation: $250.00 to $500.00 fine.
(3) Third violation: $500.00 to $1,000.00 fine.
Administrative fines are due and payable to the City within thirty (30) days after written notice of same is issued by the Director of Public Service or his designee. Such notice shall be hand delivered and/or sent by registered mail to the owner/operator. For the purpose of this regulation, each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(Ord. 2007-139. Passed 11-13-07.)