§ 22.5-61. Notice of violation and summons.  


Latest version.
  • (a)

    Whenever the department determines that a violation of this chapter or regulations and procedures adopted thereto has occurred, the department shall serve upon the discharger a notice of violation. The notice of violation shall be in writing, include a description of the property sufficient for identification of where the violation has occurred, list the provisions of this chapter which have been violated, and state that, if the violation is not remedied within a specified reasonable time to be determined by the department, a summons shall be issued for the discharger to appear in recorder's court. The notice of violation shall set forth the potential penalty involved and the fact that each day the violation continues shall constitute a new and separate violation.

    (b)

    Notwithstanding the foregoing, the department may issue a summons to appear in recorder's court without first issuing a notice of violation if, in the judgment of the director, the illicit discharge or illicit connection was not an accidental discharge or if the violation constitutes a threat to the public health, safety, general welfare, or the DeKalb County Municipal Separate Storm Sewer System.

    (c)

    If the violation has not been remedied within the time specified in the notice of violation, the department shall issue a summons' to the discharger to appear in recorder's court. The summons shall be in writing, include a description of the property sufficient for identification of where the violation has occurred, list the provisions of this chapter which have been violated, set forth the penalty if the discharger is convicted of the violation, and state that each day the violation continues shall constitute a new and separate violation.

    (d)

    Nothing in this Code section shall limit the authority of the department to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No. 95-09, § 6, 6-27-95)