§ 9.7.6. Penalties and Incentives

A.

Failure to Obtain a Permit for Land-Disturbing Activity If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this Division without first obtaining said permit, the person shall be subject to revocation of the work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

B.

Stop-Work Orders  

1.

For the first violation of the provisions of this Division, the Director, EPD or the local issuing authority shall provide official notice to the violator. The violator shall have 48 hours to correct the violation. If the violation is not corrected within 48 hours, the Director, EPD or the local issuing authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred. In cases where there is danger of damage to state waters, stormwater systems or adjacent property a stop work order may be issued and the violator shall correct the violation immediately.

2.

All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

3.

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, failure to follow the approved plan, failure to maintain required BMPs or significant amounts of sediment, as determined by the local issuing authority or by the Director, EPD or his or her designee, have been or are being discharged into state waters, offsite or streets and where best management practices have not been properly designed, installed, and maintained, a stop-work order shall be issued and citation may be issued, by the local issuing authority or by the Director, EPD or his or her designee. All such stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop-work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

C.

Bond Forfeiture If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Division and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Sec. 9.7.4.B. The local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

D.

Monetary Penalties Any person who violates any provisions of this Division, or any permit condition or limitation established pursuant to this Division, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director may be cited for the violation of this Division. Any person who violates any provisions of this Division, or any permit condition or limitation established pursuant to this Division, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this Division shall be liable for a civil penalty not to exceed $2,500.00 per day, except that the penalty for violations associated with stand alone residential development shall be pursuant to Sec. 1-10 of the City Code. For the purpose of enforcing the provisions of this Division, notwithstanding any provisions in any City Charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation, except that the penalty for violations associated with stand alone residential development shall be pursuant to Sec. 1-10 of the City Code for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this Division under county ordinances approved under this Division shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation, except that the penalty for violations associated with stand alone residential development shall be pursuant to Sec. 1-10 of the City Code for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

( Ord. of 4-17-2018(7) , §§ 9-96.1—9-97)