§ 53.12  ENFORCEMENT; APPEALS; ENFORCEMENT MEASURES AFTER APPEAL.
   (A)   General.
      (1)   Notice of violation. Whenever the village finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the village may order compliance by written notice of violation to the responsible person.
      (2)   Requirements. Such notice may require without limitation:
         (a)   The performance of monitoring, analyses and reporting;
         (b)   The elimination of illicit connections or discharges;
         (c)   That violating discharges, practices or operations shall cease and desist;
         (d)   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
         (e)   Payment of a fine to cover administrative and remediation costs; and
         (f)   The implementation of source control or treatment BMPs.
      (3)   Deadline. If abatement of a violation and/or restoration of affected property are required, the notice 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 work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
   (B)   Appeal of notice of violation.
      (1)   Any person receiving a notice of violation may make a written appeal to the Village Director of Public Works office within five days after the date of the notice of violation and shall contain a specific request for or waiver of a hearing before the Village Director of Public Works.
      (2)   When a hearing is waived, the appealing party shall submit what documentation it desires to have the Village Director of Public Works consider with the written appeal. The Village Director of Public Works shall render a decision within ten days of the filing of the written appeal.
      (3)   If a hearing is requested, the Village Director of Public Works shall schedule a hearing to be held within 30 days of receipt of the written appeal. The appealing party shall have the right to file additional documents, amend the written appeal and to appear at such hearing in person, or by attorney, or otherwise, to examine and cross examine witnesses. The decision of the municipal authority shall be final.
   (C)   Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the municipal authority upholding the decision of the village, then representatives of the village shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 391, passed 8-7-2013)  Penalty, see § 53.99