§ 106-284. Service of notices of violations, orders and notices of assessments.

Except as otherwise expressly provided by this article, all orders, notices of violations and notices of assessments shall be served upon persons and shall contain the information as provided by this Section.

(a)

Service. Service shall be by personal delivery or certified mail (return receipt requested), addressed to the user, alleged violator or other person, as applicable, at the person's last know address as shown by POTW's records. The person served shall sign and date the order or notice and shall return the signed original copy to the POTW; provided, that the failure to do so shall not affect in any way the person's obligation to comply with the order or notice. Further, a notice or order served by mail may not actually be received by the person, but this shall not nullify in any way any enforcement action subsequently taken by the POTW against the person under authority of this article. Receipt, or non-receipt, of a notice or order shall not in any way relieve the affected person of any liability associated with the violation. Further, the issuance of a notice or order will not be a bar against, or a prerequisite for, any other enforcement actions by the city against the affected person.

(b)

Contents. All orders and notices shall contain at least the following information, to the extent known by the POTW and as determined by the POTW to be applicable to the situation:

(1)

The name and address of the violator;

(2)

The location and time that the violation occurred or was observed, and the duration of the violation;

(3)

The nature of the violation, including the provisions of this article or of any permit, order, decision, determination or agreement violated;

(4)

The basis for determining that a violation has occurred (personal observation, pollutant analysis, etc.);

(5)

The amount of the fine, penalty or charge assessed or due, if any;

(6)

The manner in which, and time and date by which, any fine, penalty or charge must be paid, including any penalty or charge for late payment;

(7)

The remedial action ordered, the time within which required actions must be taken, and any consequences for failure to do so.

(8)

The right to appeal the issuance of the order or notice and a summary of the procedures for appeal, or other applicable administrative procedures.

(9)

The date and time the order or notice was issued.

(c)

Request for additional information. A person served may request additional information from the POTW Superintendent regarding the contents or requirements of any order or notice. However, a request for additional information shall not extend the time for compliance with an order or notice.

(Ord. No. 2017-5 , § 2, 5-15-17)