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2/5/2025 4:33:22 PM
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I NTEGRATED S OLID W ASTE M ANAGEMENT §20-02-22 <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 <br />specified in the order; <br />(7) To pay a civil fine not to exceed $1,000 per day for each day in which the <br />violation persists, in the manner, time, place and deadline specified in the <br />order; <br />(8) Any other consequence as determined by the director, including but not <br />limited to, suspension or revocation of a permit; and <br />(9) The order shall advise the party responsible for the violation that the order <br />shall become final thirty calendar days after the date of its delivery. The order <br />shall also advise that the party responsible may request a meeting with the <br />director prior to the end of the thirty calendar days and that the director’s <br />final written decision may be appealed to the commission within fifteen <br />calendar days from the date of the director’s final written decision. <br />(b) Service. Proper service of such notice of violation and order shall be by personal <br />service, registered mail, or certified mail upon the responsible party or parties, <br />provided, that if such notice of violation and order is by registered mail or certified <br />mail, the designated period within which the responsible party or parties is <br />required to comply with the order shall begin as of the date the responsible party or <br />parties in charge receives such notice. <br />(c) Effect of Order; Right to Appeal. The provisions of the order issued by the director <br />under this section shall become final thirty calendar days after the date of the <br />delivery of the order, unless appealed. The party or parties responsible for the <br />violation may request a meeting with the director, prior to the end of the thirty <br />calendar days. Any final written decision by the director may be appealed to the <br />commission within fifteen days from the date of the final written decision. <br />However, an appeal to the commission shall not stay any provision of the order. <br />(d) Judicial Enforcement of Order. The director may institute a civil action in any <br />court of competent jurisdiction for the enforcement of any notice of violation and <br />order issued pursuant to this section, including seeking a temporary, preliminary, <br />or permanent injunction. Where a civil action has been instituted to enforce the <br />civil fine imposed by an order, the director need only show that the notice of <br />violation and order was served, that a civil fine was imposed, the amount of the <br />civil fine imposed, and that the fine imposed has not been appealed in a timely <br />manner nor paid. <br />(2020, ord 20-86, sec 3.) 20-02-22 <br />SUPP. 9 (1-2021) <br />20-5 <br /> <br />
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