Notice of Violation and Order: What It Must Say and What You Must Do

If the director determines that any person is violating this chapter, any rule adopted thereunder, or any permit issued pursuant thereto, the director may have the person served with a notice of violation and order. A notice of violation and order must be served upon responsible persons; provided that if the whereabouts of such persons are unknown and the director is not able to ascertain the whereabouts of such persons after exercising reasonable diligence, the director shall provide an affidavit to that effect. The notice of violation and order must be served pursuant to the requirements of the agency’s administrative rules, or other relevant legal authority. (a) Contents of the notice of violation. At a minimum, the notice must include the following information: (1) Date of the notice; (2) The name and address of the person noticed; (3) The section number of the ordinance that has been violated; (4) The nature of the violation; and (5) The location and time of the violation. (b) Contents of the order. (1) The order may require the person do any or all of the following: (A) Cease and desist from the violation; (B) Correct the violation at the person’s own expense before a date specified in the order; (C) Pay a civil fine per recurring incident not to exceed $100,000 each, in the manner, at the place, and before the date specified in the order; (D) Pay a civil fine not to exceed $10,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order, if the person has undertaken any development in violation of this chapter; (E) In the event of a violation of the wetlands rules adopted pursuant to this chapter, the director may pursue the remedies specified in § 25-8.3 . If the responsible party does not complete the measures specified in the order within the time frame set forth in the order, the city may restore the affected wetland to its prior condition, and create or restore other wetlands for the purpose of offsetting losses sustained as a result of the violation. The order may require that the person or agent responsible for the original violation be liable to the city for the cost of such actions; (F) To guide restoration and creation actions, the agency may order the violator to develop a plan as described in the rules adopted pursuant to Article 11 for approval by the agency; or (G) Appear before the director at a time and place specified in the order and answer the charges specified in the notice of violation. (2) The order must advise the person of the finality of the order 20 days after the date of its service, unless a written request for a hearing is mailed or delivered to the director prior to expiration of the 20-day period specified in § 25-9.2 (a). )