[Ord. No. 3911-07 §1, 12-19-2007]
Any action or inaction which violates the provisions of this
Chapter or the requirements of an approved site plan or permit may
be subject to the enforcement actions outlined in this Section. Any
such action or inaction which is continuous with respect to time is
deemed to be a public nuisance and may be abated by injunctive or
other equitable relief. The imposition of any of the penalties described
below shall not prevent such equitable relief.
[Ord. No. 3911-07 §1, 12-19-2007]
A.
If
the Public Works Department determines that an applicant or other
responsible person has failed to comply with the terms and conditions
of a permit, an approved site plan or the provisions of this Chapter,
it shall issue a written notice of violation to such applicant or
other responsible person. Where a person is engaged in activity covered
by this Chapter without having first secured the appropriate permit
therefore, the notice of violation shall be served on the owner or
the responsible person in charge of the activity being conducted on
the site. The notice of violation shall contain:
1.
The name and address of the owner or the applicant or the responsible
person;
2.
The address or other description of the site upon which the violation
is occurring;
3.
A statement specifying the nature of the violation;
4.
A description of the remedial measures necessary to bring the action
or inaction into compliance with the permit, the approved site plan
or this Chapter and the date for the completion of such remedial action;
5.
A statement of the penalty or penalties that may be assessed against
the person to whom the notice of violation is directed; and
6.
A statement that the determination of violation may be appealed to
the Public Works Department by filing a written notice of appeal within
thirty (30) days after the notice of violation (except that in the
event the violation constitutes an immediate danger to public health
or public safety, twenty-four (24) hours notice shall be sufficient).
[Ord. No. 3911-07 §1, 12-19-2007]
A.
In
the event the remedial measures described in the notice of violation
have not been completed by the date set forth for such completion
in the notice of violation, any one (1) or more of the following actions
or penalties may be taken or assessed against the person to whom the
notice of violation was directed. Before taking any of the following
actions or imposing any of the following penalties, the Public Works
Department shall first notify the applicant or other responsible person
in writing of its intended action and shall provide a reasonable opportunity
of not less than ten (10) days (except that in the event the violation
constitutes an immediate danger to public health or public safety,
twenty-four (24) hours notice shall be sufficient) to cure such violation.
In the event the applicant or other responsible person fails to cure
such violation after such notice and cure period, the Public Works
Department may take any one (1) or more of the following actions or
impose any one (1) or more of the following penalties.
1.
Stop work order. The Public Works Department may
issue a stop work order which shall be served on the applicant or
other responsible person. The stop work order shall remain in effect
until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured
the violation or violations described therein, provided the stop work
order may be withdrawn or modified to enable the applicant or other
responsible person to take necessary remedial measures to cure such
violation or violations.
2.
Withhold certificate of occupancy. The Public Works
Department may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being constructed on
the site until the applicant or other responsible person has taken
the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
3.
Suspension, revocation or modification of permit. The Public Works Department may suspend, revoke or modify the permit
authorizing the land development project. A suspended, revoked or
modified permit may be reinstated after the applicant or other responsible
person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein,
provided such permit may be reinstated (upon such conditions as the
Public Works Department may deem necessary) to enable the applicant
or other responsible person to take the necessary remedial measures
to cure such violations.
4.
Civil penalties. In the event the applicant or other
responsible person fails to take the remedial measures set forth in
the notice of violation or otherwise fails to cure the violations
described therein within ten (10) days (or such greater period as
the Public Works Department shall deem appropriate) (except that in
the event the violation constitutes an immediate danger to public
health or public safety, twenty-four (24) hours notice shall be sufficient)
after the Public Works Department has taken one (1) or more of the
actions described above, the Public Works Department may impose a
penalty not to exceed one thousand dollars ($1,000.00) (depending
on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
5.
Criminal penalties. For intentional and flagrant
violations of this Chapter, the citation may be issued by the City
Hazelwood to the applicant or other responsible person, requiring
such person to appear in City of Hazelwood Municipal Court to answer
charges for such violation. Upon conviction, such person shall be
punished by a fine not to exceed one thousand dollars ($1,000.00)
or imprisonment for sixty (60) days or both. Each act of violation
and each day upon which any violation shall occur shall constitute
a separate offense.
