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days of the date of the hearing. During the pendency of any such appeal, the appealed decision or determination shall remain in full force and effect. The decision of the City Manager, or their designee, on the appeal shall befinal. EYTWAKMm111-M14 [ON iNto] 61e\0[N4 Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this Chapter, or of any permit, or any order or directive of the City's Director issued or made pursuant to this Chapter, shall be, and the same is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined, and damages assessed therefor, in any manner provided by law. Sec. 27.132. - COSTS OF ABATEMENT: A The Enforcement Officer shall keep an itemized statement of costs incurred by the City or Authority in abating or otherwise responding to violations of this Chapter. Once a violation matter is concluded, the Enforcement Officer shall provide a copy of this statement to the discharger and to the Authority or City, whichever entity incurred the costs. The discharger may request a hearing before the Enforcement Officer to contest the statement of costs. The request for a hearing shall be made within ten (10) days of receipt of the statement or the right to hearing shall be deemed waived. The Enforcement Officer shall review the statement of costs and any information presented by the discharger, and may make any necessary revisions, corrections or modifications. The decision of the Enforcement Officer is final. B. The procedure for recording the statement of costs as alien against the property involved shall be as follows: 1. If payment of the assessed costs and expenses is not received by entity incurring the costs, within thirty (30) days of the date appearing on the decision of the Enforcement Officer, the Finance Director of the City shall set a notice and hearing before the City Council, as the case may be, for the purpose of adopting a resolution confirming the statement of costs. 2 After holding a hearing the City may adopt a resolution, and the Finance Director shall record the resolution as a lien against the property. Sec. 27.133. - CIVIL DAMAGES AND PENALTIES: Sec. 27.133.1. - PUBLIC NUISANCE PENALTY: Any person who violates any provision of this Chapter, any wastewater discharge permit, or any order issued pursuant to this Chapter or who creates a condition of pollution is hereby deemed to have created a public nuisance. Such person(s) shall be strictly liable forthe sum often thousand dollars for each day, or portion thereof, during which the violation occurs. ATTY/ORD.506/CC FOG ORDINANCE REV: 11-27-19 EI Page 16 of 18