§ 27-340. Administrative enforcement and abatement.

(a)

Food service facility enforcement. Enforcement actions against food service facilities shall be as follows:

(1)

Notice of violation. A notice of violation (NOV) shall be issued to a food service facility for any violation of this chapter.

(2)

Notice of violation response. Any food service facility issued an NOV shall respond to the City in writing within ten calendar days of receipt of the NOV describing how the noncompliance occurred and what steps will be taken to prevent the reoccurrence of the noncompliance. Escalating enforcement procedures, demand monitoring and other penalties will be applied when continuing noncompliance is detected, including, but not limited to, revocation of the GDP. If a food service facility violates or continues to violate the provisions set forth in this division or fails to initiate/complete corrective action in response to a NOV, then the City may pursue one or more of the following options:

a.

Contract with a permitted grease hauler to pump the grease interceptor and bill the appropriate charge to the food service facility concerned.

b.

Enter into an administrative order.

c.

Revoke the GDP.

d.

Any enforcement method allowed pursuant to chapter 1.

(3)

Best management practice training. All food service facilities that receive notices of violation or administrative orders may be required to send both managerial and other staff to an approved training session regarding BMPs. These training sessions will be held at locations and times that will be announced by the GMP.

(4)

Permit revocation. Any GDP is subject to be modified, suspended or revoked in whole or in part during its term for cause shown including, but not limited to, any one of the following:

a.

Falsification of any information submitted as part of the application for the GDP.

b.

Failure to comply with any requirements or regulations concerning discharges to the City's wastewater collection system as provided by section 27-307.

c.

Failure to comply with any requirements or regulations concerning grease interceptors as provided for in sections 27-333 through 27-340.

d.

Failure to pay required fees, or any assessed surcharges in a timely manner.

e.

Failure to attend required BMP training courses as required.

(b)

Grease hauler enforcement. Enforcement actions against grease haulers shall be as follows:

(1)

Notice of violation. A notice of violation (NOV) will be issued to any grease hauler for any violation of this division. Response to this NOV must be received by the City within ten calendar days of its receipt by the grease hauler.

The grease hauler will be required to describe how the non-compliance occurred, verification that the violation has been corrected, and shall provide assurance that steps will be taken to prevent the re-occurrence of the non-compliance.

(2)

Permit revocation. Any GHP or notice of permission issued pursuant to the provisions of this program may be modified, suspended or revoked in whole or in part during its term for cause shown including, but not limited to, any one of the following:

a.

Falsification of any information submitted as part of the application for the GHP or the notice of permission.

b.

Falsifying information regarding collection and disposal of wastewater.

c.

Discharging any grease, liquid, or solid waste into a non-authorized location.

d.

Failure to maintain financial assurance as required by section 27-336(b)(5).

e.

Failure to comply with any other permit condition.

(c)

Recovery of costs. When a discharge of waste causes an obstruction, damage or any other impairment to the facilities, or any expense of whatever character or nature to the City, the POD shall assess the expenses incurred by the City to clear the obstruction, repair damage to the facility, and any other expenses or damage of any kind or nature suffered by the City. The POD shall file a claim with the user or any other person or entity causing such damages seeking reimbursement for any and all expenses or damages suffered by the City. The City shall to take such measures as shall be appropriate to recover any expense or to correct other damages suffered by the City.

(d)

Remedies nonexclusive. The remedies provided for herein are not exclusive. The City may take any, all, or any combination of these actions against a person violating this division.

(Code 1992, § 27-234; Ord. No. 538-G, § 1, 6-20-2002; Ord. No. 555-G, § 2, 9-19-2002; Ord. No. 736-G, § 1, 6-16-2005)