§ 16-94. Enforcement.  


Latest version.
  • (a) 
    Notice of violation. Whenever the First Selectman finds that a person has violated a prohibition or failed to meet a requirement of this article, he/she shall order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
    (1) 
    The performance of monitoring, analyses, and reporting;
    (2) 
    The elimination of illicit discharges or connections;
    (3) 
    That violating discharges, practices, or operations shall cease and desist;
    (4) 
    The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
    (5) 
    The implementation of source control or treatment BMPs.
    If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the First Selectman may order the work be done by a designated governmental agency or a contractor and the violator fined an amount equal to the expense thereof, in addition to any fines imposed in Subsection (b) or (c) of this section.
    (b) 
    Procedure for issuance of citations.
    (1) 
    The First Selectman shall issue a written notice to any person who violates any provision of this article. No written notice may be issued against the state or any state official or state employee acting within the scope of his employment. Such written notice shall explain the nature of the violation and the steps required for compliance, and shall allow a seventy-two-hour period within which to correct the violation or within which a written plan for correction shall be submitted to the First Selectman, setting forth a reasonable time period for correction of the violation as agreed upon by the First Selectman. A written notice issued pursuant to this subsection shall be served: 1) by hand delivery, at which time the seventy-two-hour period shall begin; or 2) by certified mail return receipt requested and by regular first class mail. Three business days shall be allowed for mail delivery of the notice prior to the commencement of the seventy-two-hour period.
    (2) 
    Within two business days after the period for correction established in Subsection (a) expires, the First Selectman shall re-inspect the subject property to determine compliance.
    (3) 
    If the violations set forth in the written notice have not been corrected at the time of re-inspection, the First Selectman, in his/her capacity as chief executive officer, may issue a citation and fine of up to one $100 for each violation by hand, by certified return receipt requested, by leaving a true and attested copy of the citation at the usual place of abode or residence of the person in violation, or in the case of a corporate or business entity, delivery to the business address or the address of the statutory agent of said entity. No such fine shall be levied against the state or any state official or state employee acting within the scope of his employment. All citations issued pursuant to this section shall state the violation for which the citation is being issued, the fine imposed for the violation, the time period within which the fine must be paid, and an address for remittance of the fine.
    (c) 
    Compliance periods after citation.
    (1) 
    Any violation for which a citation is issued and which is not corrected within the time period specified in Subsection (b) of this section shall be a new violation of this article, and every twenty-four-hour period thereafter in which the violation is not corrected shall constitute a new violation. The citation shall include a notice to the alleged violator that each twenty-four-hour period of noncompliance after the time period specified in § 16-94(b) shall constitute a new violation and a new fine of up to $100.
    (2) 
    The First Selectman shall not be responsible for a daily re-inspection. Rather, the person to whom the citation has been issued shall be responsible for reporting subsequent compliance by way of written report to the First Selectman. The First Selectman shall re-inspect to confirm compliance within one business day of receipt of such report.
    (d) 
    Payment of fines.
    (1) 
    All fines imposed under this article which are uncontested shall be made payable to the Town of Durham and shall be received by the First Selectman within 10 calendar days from date of notice of the citation. All fines collected by the First Selectman shall be deposited into the Town of Durham General Fund.
Ord. of 10-4-10, § 14