§ 20-5-126. ENFORCEMENT.

(a)

If, after an inspection and investigation, the Engineer issues a citation under § 20-5-125 of this title, he shall, as part of the citation, notify the person of the penalty, if any, proposed to be assessed under § 20-5-127 of this title and that the person has thirty (30) working days within which to contest the citation or proposed assessment of penalty, if any, by filing an appeal to the Board of Appeals. If, within thirty (30) working days from the receipt of the notice issued by the Engineer, the person fails to contest the citation or proposed assessment of penalty, if any, the citation and the assessment, if any, as proposed shall be deemed a final order of the Engineer.

(b)

If the Engineer has reason to believe that a person has failed to correct a violation for which a citation has been issued within the period permitted for its correction (which period shall not begin to run until the entry of a final order by the Engineer), the Engineer shall notify the person by certified mail of such failure to correct and of the penalty, if any, proposed to be assessed under § 20-5-127 of this title by reason of such failure, and that the person has thirty (30) working days within which to contest the Engineer's notification of the proposed assessment of penalty, if any, by filing an appeal to the Board of Appeals. If, within thirty (30) working days from the receipt of notification issued by the Engineer, the person fails to contest the notification or proposed assessment of penalty, if any, the notification and assessment as proposed shall be deemed a final order of the Engineer.

(c)

A list of the users who were significantly violating provisions of this title during the twelve (12) previous months shall be annually published by the Engineer in the largest daily newspaper published in the county. The notification shall also summarize any enforcement actions taken against the user during the same twelve (12) months. For the purpose of this provision, significant violations are those violations which remain uncorrected forty-five (45) days after notification of noncompliance, which are part of a pattern of noncompliance over a twelve-month period, or which involve a failure to accurately report noncompliance.

(1988 Code, § 35-311) (Bill No. 30-03, § 1, 7-1-2004)