§ 1001-29. Citizen Action.

If the city manager, or his or her designee, including HCDES, fails upon written complaint by a Cincinnati resident of violations of Section 1001-5, Air Pollution Nuisances Prohibited, or Section 1001-7, Exceeding Federal or Ohio Air Emission Limitations Prohibited, or any order issued under Section 1001-23, Administrative Order hereof, or 1001-31, Emergency Powers and Injunction, to diligently investigate, and prosecute in accordance with the provisions of Sections 1001-19 through 1001-25 of this chapter, within 60 days of receipt of the complaint, the citizen may commence a civil action in a court of competent jurisdiction against any person who violates, or has violated any provisions of this chapter or order issued hereunder to compel compliance herewith, including injunctive procedures where permitted by law. The citizen shall mail a copy of the complaint to the alleged violator by certified mail, return receipt requested, at the time the complaint is field. The city shall not be responsible for any of the citizen's costs of litigation including attorney's fees unless the court so orders, where the city is the violator of Section 1001-5 or 1001-7 of this chapter. The solicitor shall have the right to intervene in the name of the city in any such proceedings instituted by a citizen. The court, in issuing any final order in an action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any substantially prevailing party, whenever the court determines such award is appropriate.

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