Section 22-217.1 Notice of violation and hearings.
Prior to the adoption of Ord. 20895 on 03/07/2011, Section 22-217.1 read as follows.
(a) A notice of violation may be served by registered mail to any person identified
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
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
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)