3-18-150 ISSUANCE OF CEASE AND DESIST ORDER.
<br /> When the City Manager finds that a violation of this Title 3 or the provisions of a permit
<br /> has taken place or is likely to take place,the City may issue an order to cease and desist such
<br /> discharge, or practice, or operation likely to cause such violation and direct those persons not
<br /> complying with such prohibitions, limits, requirements or provisions to:
<br /> (a) Comply forthwith;
<br /> (b) Comply in accordance with a time schedule set forth by the City; or
<br /> (c) Take appropriate remedial or preventative action.
<br /> 3-18-155 NOTICE TO CLEAN.
<br /> Whenever the City Manager finds any oil, earth, dirt, grass, weeds, dead trees,tin cans,
<br /> rubbish, refuse, waste, or any other material of any kind, in or upon the sidewalk abutting or
<br /> adjoining any parcel of land, or upon any parcel of land or grounds which may result in(1) a
<br /> release or(2)in-pollutants entering the City storm sewer systems or a non-storm discharge to the
<br /> City storm sewer system, said official may give notice to the property owner and/or to the tenant,
<br /> if any,to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish=refuse, waste or
<br /> other material, in any manner that he or she may reasonably provide. The recipient of such notice
<br /> shall undertake the activities as described in the notice.
<br /> 3-18-160 DAMAGE TO FACILITIES—ADDITIONAL REMEDY.
<br /> When a discharge causes an obstruction, damage, or any other impairment to City
<br /> facilities including, but not limited to the City sewerage system, the City may assess a charge
<br /> against the owner, occupant or responsible party for the work required to clean, repair and/or
<br /> replace the facility and add such charge to the facilities' charges and fees, including overhead
<br /> costs.
<br /> 3-18-165 APPEALS.
<br /> Any User, permit applicant,permit holder,property owner, occupant, or responsible party
<br /> affected by any decision, action or determination, including cease and desist orders, made by the
<br /> City, interpreting or implementing the provisions of Title 3 or in any permit issued herein, may
<br /> file with the City Manager a written request for reconsideration within ten (10) days of such
<br /> decision, action, or determination, setting forth in detail the facts supporting the appellant's
<br /> request for reconsideration. The City Manager shall appoint a hearing officer who shall hear the
<br /> appeal within sixty(60) days from the date of filing. The hearing officer shall make a ruling on
<br /> the appeal within thirty (30) days of the close of the hearing. If the ruling made by the hearing
<br /> officer is unsatisfactory to the person requesting reconsideration, he may within ten(10) days
<br /> after notification of the City's action, file a written appeal to the City Council. The written appeal
<br /> shall be heard by the body within sixty(60) days from the date of filing. The City Council shall
<br /> make a final ruling on the appeal within thirty (30) days of the close of the hearing. The City
<br /> Manager's decision, action or determination shall remain in effect during such period of
<br /> reconsideration. The City Council's determination on the appeal shall be final.
<br /> 3-18-170 CIVIL AND CRIMINAL PENALTIES.
<br /> Any person, without regard to intent or negligence, who violates any provision of
<br /> Chapter 3-14 of this Code, or of any provisions of any permit issued pursuant to these
<br /> regulations, or who discharges any material which causes contamination,nuisance, pollution, or
<br /> who violates any cease and desist order,termination of service, prohibition, effluent limitation,
<br /> ORDINANCE NO.2014-021 4
<br />
|