[R.O. 2012 §530.140; Ord. No. 595 §1, 4-1-2008]
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.
[R.O. 2012 §530.150; Ord. No. 595 §1, 4-1-2008]
A. If
the City 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 therefor, the
notice of violation shall be served on the owner or the responsible
person in charge of the activity being conducted on the site.
B. 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 City Engineer 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).
[R.O. 2012 §530.160; Ord. No. 595 §1, 4-1-2008]
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 City 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 City 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 City 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
violation 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 City 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 City 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 City 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 City 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 City
has taken one (1) or more of the actions described above, the City
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
Normandy to the applicant or other responsible person, requiring such
person to appear in the City of Normandy 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.