§ 1001-23. Administrative Orders; Penalties.

In addition to or in lieu of any other remedies provided by law, if a person violates any of the provisions of this chapter, or fails to take the corrective action set out in a notice provided for in CMC Section 1001-25 by the date provided in the notice, the city manager, or his or her designee, may issue an administrative order or orders containing any of the following measures:

(a)

Notice of violation and remedial action related to the violation, including an environmental assessment performed by the violator to determine the nature and extent of air pollutants responsible for the violation, and preparation and implementation of a compliance plan to bring the violator into compliance with this chapter.

(b)

The imposition of a Class F Civil Offense as provided in CMC Chapter 1501, which includes a fine of up to $15,000 per day of violation per violation; or

(c)

In addition to or in lieu of any civil remedy provided by law, a violation of any provision of this chapter may be prosecuted as a misdemeanor of the fourth degree if it is a first offense. If the offender has been previously convicted of violating any section of this chapter, he is guilty of a misdemeanor of the first degree.

In rendering an order concerning a violation of any of the provisions of this chapter, the city manager, or his or her designee, shall consider among other factors the magnitude of the violations, and any recurrence of violations of this chapter by the violator.

(Ordained by Ord. No. 159-2004, eff. June 4, 2004)