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 Cincinnati
 Code of Ordinances
 Title X. ENVIRONMENTAL CODE
 Chapter 1021. JUNK FACILITY

  § 1021-27. Administrative Order.  

Latest version.

  • In addition to or in lieu of any notice of violation, injunctive relief or 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 Section 1021-25 by the date in the notice, the health commissioner may issue an administrative order or orders containing any of the following measures:

    (a)

    The imposition of a fine of up to $5,000 per day of violation per violation;

    (b)

    Remedial action related to the violation, including an environmental audit performed by the violator to determine the nature and extent of all pollutant releases, and preparation and implementation of a prevention or source reduction plan;

    (c)

    An order suspending or revoking the facility license.

    The health commissioner shall mail a copy of the order to the alleged violator and post a copy on the premises of the alleged violator, and a summary of the order will be published in the city bulletin. In rendering an order concerning a violation of any of the provisions of this chapter, the health commissioner shall consider among other factors the egregiousness of the violator's conduct, the magnitude of the violations, and any recurrence of violations of this title by the violator.

    The order shall contain a statement of the action to be taken and shall include a notice setting forth the violator's right to a hearing before the health commissioner or hearing officer designated by the health commissioner at which the violator may present any and all evidence and arguments why the action should not be enforced. The request for a hearing shall be made in writing to the health commissioner within ten business days of the date of receipt of the order. No proposed order shall become effective until the expiration of the tenth business day after the receipt of the notice by the violator in the event no appeal to the health commissioner is requested, or until after consideration of the appeal and approval or modification of the proposed order in the event an appeal is timely requested. Notice of the approved or modified order shall be given by certified mail to the violator.

(Ordained by Ord. No. 345-1995, eff. Nov. 24, 1995)