§ 7.5-248. Violations, enforcement and penalties.

(a)

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

In the event the violation constitutes an immediate danger to public health or public safety, the City of Cartersville is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City of Cartersville is authorized to seek costs of the abatement as outlined in section 7.5-248(b)(5).

(b)

Notice of violation. Whenever the City of Cartersville finds that a violation of this article has occurred, the City of Cartersville may order compliance by written notice of violation.

(1)

The notice of violation shall contain:

a.

The name and address of the alleged violator;

b.

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;

e.

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and

f.

A statement that the determination of violation may be appealed to the City of Cartersville by filing a written notice of appeal within thirty (30) days of service of notice of violation.

(2)

Such notice may require without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit discharges and illegal connections;

c.

That violating discharges, practices, or operations shall cease and desist;

d.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

e.

Payment of costs to cover administrative and abatement costs; and

f.

The implementation of pollution prevention practices.

(3)

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the City of Cartersville. The notice of appeal must be received within thirty (30) days from the date of the notice of violation. Hearing on the appeal before the code enforcement officer or his/her designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.

(4)

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 five (5) days of the decision of the code enforcement officer of the City of Cartersville, then representatives of the City of Cartersville may 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.

(5)

Costs of abatement of the violation. Within ten (10) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within five (5) days of such notice. If the amount due is not paid within thirty (30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

Any person violating any of the provisions of this article shall become liable to the City of Cartersville by reason of such violation.

(6)

Civil penalties. In the event the alleged violator 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 of Cartersville shall deem appropriate, after the City of Cartersville has taken one (1) or more of the actions described above, the City of Cartersville) 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. If said penalty is not paid within the time presented by the city, the city has the right to enforce said claim in a court of competent jurisdiction and/or in the alternative to pursue the criminal penalties detailed in (8) below. Additionally, the penalty shall become a special assessment against the property and shall constitute a lien on the property in the amount of the assessment.

(7)

Criminal penalties. For intentional and flagrant violations of this article, the City of Cartersville may issue a citation to the alleged violator requiring such person to appear in 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.

(8)

Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

(9)

Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and the City of Cartersville may seek cumulative remedies.

(10)

Expenses. The City of Cartersville may recover attorney's fees, court costs, and other expenses associated with enforcement of this article, including sampling and monitoring expenses.

(Ord. No. 51-06, § 1, 8-3-06)