Section 22-217.1 Notice of violation and hearings.

    (a) A notice of violation may be served by registered mail to any person identified as a responsible party, by personal delivery to a responsible adult at any facility in violation, or by physically posting the notice of violation on the property where the violation is occurring.

    (b) A notice of violation shall set out the facts constituting the violation in detail and give the responsible party thirty (30) days to present the director a plan for the correction of the violation. If the nature of the violation requires, the director may determine and notify the violator that the plan is required in less than thirty (30) days.   Persons who have received a violation notice under any provision of this article may make a written request to participate in the abatement financial assistance program as set out in section 22-217.2.

    (c) If the violation is not corrected by timely compliance, or a satisfactory correction plan submitted within the specified time limit, the director may order any responsible party to show cause before the director why enforcement action should not be taken. A written notice shall be served on the party specifying the time and place of a hearing, the reason why the action is to be taken, and the proposed enforcement action. The director may propose any enforcement action reasonably necessary to abate the violation, including termination of wastewater service or revocation of any discharge permit.

    (1)    At the hearing, testimony shall be given under oath and a record made. Each party, including the city, may be represented by counsel and may call and cross-examine witnesses. Technical rules of evidence shall not apply.

    (2)    Upon the request of any party, subpoenas and subpoenas duces tecum shall be issued, served and enforced in the same manner as subpoenas issued under chapter 536, RSMo by agencies created by the constitution or state statute.

    (d) After hearing and consideration of the evidence, the director shall render a decision and order in writing. The decision and order shall be supported by findings of fact and conclusions of law and shall be final, binding and not subject to further administrative appeal.

    (e) Any person who shall continue any violation that was the subject of a hearing and a decision and order of the director beyond the time limit set by the decision and order shall be guilty of a misdemeanor and on conviction shall be punished in the same manner as if convicted of a class A misdemeanor under chapter 16 of this Code. Each day the person shall continue in violation of the order shall constitute a separate offense.

(Ord. No. 14914, § 1, 8-5-96; Ord. No. 20895, § 1, 3-7-11)

(Ord. 20895, Amended, 03/07/2011, Prior Text)