2016 ORDINANCES - Laserfiche WebLink

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particular, the requirement to maintain the use and the truck routes described in any required Truck Routing Plan within 1,760 feet of the use in a neat and orderly appearance. c. The City of Portsmouth shall be authorized at its discretion to draw upon and use all or any portion of the Abatement Fund in order to remedy a violation, pursuant to the following procedures: 1. The City shall first issue a written notice of violation to the operator or supervisor of the use. Such notice shall provide the specific conditions existing that are deemed in violation of the requirements of this Ordinance or the conditions of approval of the use. 2. Except in cases where the City Manager or the City Manager's designee determines that the violation presents an imminent threat to public health or safety, the City shall provide twenty-four (24) hours from the delivery of notice (or such longer period as maybe determined appropriate by the City Manager or the City Manager's designee) to remedy the cited violation. 3. If the cited violation is not remedied within the time specified by the notice, or if the City Manager or the City Manager's designee determines that the violation presents an imminent threat to public health or safety, the City may (but is not obligated to) take action to remedy the violation, and the City shall be authorized to apply all or any part of the Abatement Fund to the cost of same. d. The Abatement Fund shall be maintained in an account determined by the City. Interest, if any, earned on such Abatement Fund deposit shall accrue to such account or fund for use in the same manner and purpose as the Abatement Fund. e. At all times the operator shall maintain a balance in the Abatement Fund of not less than the greater of $2,000.00 or the minimum amount established by City Council from time to time in accordance with subsection (a) hereof. In the event the City draws Abatement Funds in accordance with subsection (c), then within fourteen days after the operator receives notice of the City's draw the operator shall replenish the Abatement Fund as necessary to achieve the minimum balance. Failure to maintain the required minimum balance shall constitute cause for City Council to revoke the Use Permit. f. Nothing in this section shall prevent or preclude the City from pursuing any other remedy or right to enforcement or abatement of violations or nuisances resulting from the operation of a transfer station. A-11