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Section 20-02-22. Administrative enforcement. <br />(a) If the director determines that any person has violated or is violating any provision of this <br />chapter or department rules, the director shall serve a notice of violation and order upon the <br />parties responsible for the violation, which shall include the following: <br />(1) Date of the notice; <br />(2) Name and address of the person noticed; <br />(3) Section number of the code or rule which has been violated; <br />(4) Date, time, location, and nature of the violation; <br />(5) Deadline to correct the violation; <br />(6) To pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in <br />the order; <br />(7) To pay a civil fine not to exceed $1,000 per day for each day in which the violation <br />persists, in the manner, time, place and deadline specified in the order; <br />(8) Any other consequence as determined by the director, including but not limited to, <br />suspension or revocation of a permit; and <br />(9) The order shall advise the party responsible for the violation that the order shall <br />become final thirty calendar days after the date of its delivery. The order shall also <br />advise that the party responsible may request a meeting with the director prior to the <br />end of the thirty calendar days and that the director's final written decision may be <br />appealed to the commission within fifteen calendar days from the date of the <br />director's final written decision. <br />(b) Service. Proper service of such notice of violation and order shall be by personal service, <br />registered mail, or certified mail upon the responsible party or parties, provided, that if such <br />notice of violation and order is by registered mail or certified mail, the designated period <br />within which the responsible party or parties is required to comply with the order shall <br />begin as of the date the responsible party or parties in charge receives such notice. <br />(c) Effect of Order; Right to Appeal. The provisions of the order issued by the director under <br />this section shall become final thirty calendar days after the date of the delivery of the <br />order, unless appealed. The party or parties responsible for the violation may request a <br />meeting with the director, prior to the end of the thirty calendar days. Any final written <br />decision by the director may be appealed to the commission within fifteen days from the <br />date of the final written decision. However, an appeal to the commission shall not stay any <br />provision of the order. <br />(d) Judicial Enforcement of Order. The director may institute a civil action in any court of <br />competent jurisdiction for the enforcement of any notice of violation and order issued <br />pursuant to this section, including seeking a temporary, preliminary, or permanent <br />injunction. Where a civil action has been instituted to enforce the civil fine imposed by an <br />order, the director need only show that the notice of violation and order was served, that a <br />civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has <br />not been appealed in a timely manner nor paid. <br />Section 20-02-23. Criminal Enforcement. <br />Any person convicted of violating any of the provisions of this chapter shall be guilty of a <br />petty misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment up <br />to thirty days and shall be adjudged to pay all costs of the proceedings. The continuance of any <br />such violation after conviction shall be deemed a new offense for each day of such continuance. <br />0J <br />