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21 <br /> <br />November 15th and April 15th, when SSTS compliance cannot be determined due to frozen soil <br />conditions, shall require a winter agreement, which includes an application for a SSTS permit and <br />an agreement to complete a compliance inspection by the following June 1st by a licensed <br />inspection business. If upon inspection the SSTS is fow1d to be in compliance, the permit fee will <br />be refunded. If upon inspection the system is found to be non- compliant, an escrow agreement <br />must be established in accordance with paragraph (1) d. above, and a compliant SSTS installed <br />within the timeframe outlined in the Notice of Noncompliance. <br />4. The responsibility for completing the compliance inspection under paragraph (1) a. above, or for <br />upgrading a system found to be non-compliant shall be determined by the buyer and seller. Buyer <br />and seller shall provide the Department with a signed statement indicating responsibility for <br />completion of the compliance inspection and for upgrading a system found to be non-compliant. <br />5. The issuance of permits, Certificates of Compliance, or Notices of Noncompliance shall not be <br />construed to represent a guarantee or warranty of the system's operation or effectiveness. Such <br />permits or certificates only represent that the system has been designed and installed in <br />compliance or non-compliance with the provisions of these standards and regulations. <br />Section 27. Violations. <br />1. Cause to Issue a Notice of Violation. Any person, firm, agent, or corporation who violates any of the <br />provisions of this Ordinance, or who fails, neglects, or refuses to comply with the provisions of this <br />Ordinance, including violations of conditions and safeguards, or who knowingly makes any material false <br />statement or knowing omission in any document required to be submitted under the provisions hereof, <br />shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined by <br />Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense. <br />2. Notice of Violation. The Department shall serve, in person or by mail, a notice of violation to any person <br />determined to be violating provisions of this Ordinance. The notice of violation shall contain: <br />1. A statement documenting the findings of fact determined through observations, inspections, or <br />investigations. <br />2. A list of specific violation(s) of this Ordinance. <br />3. Specific requirements for correction or removal of the specified violation(s). <br />4. A mandatory time scheduled for correction, removal, and compliance with this Ordinance. <br />3. Cease and Desist Orders. Cease and desist orders may be issued when the Department has probable cause <br />that an activity regulated by this, or any other City Ordinance is being or has been conducted without a <br />permit or in violation of a permit. When work has been stopped by a cease-and-desist order, the work shall <br />not resume until the reason for the work stoppage has been completely satisfied, any administrative fees <br />paid, and the cease-and-desist order lifted. <br />Section 28. Prosecution. In the event of a violation or threatened violation of this Ordinance, the City may, in <br />addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct, or <br />abate such violations or threatened violations and the City Attorney shall have authority to commence such civil <br />action. The Department and City Attorney may take such actions as may be necessary to enforce the provisions of this <br />Ordinance. <br />Section 29. State Notification of Violation. In accordance with state law, the Department shall notify the MPCA of <br />any inspection, installation, design, construction, alteration, or repair of a SSTS by a licensed/ce1iified person or any <br />septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there is <br />known contamination of groundwater, the city also may notify the MDH for a possible well advisory. <br />Section 30. Costs and Reimbursements. If the Department is required to remove or abate an imminent threat to