(A) Penalties for violations.
(1) Any person found in violation of any provision of § 53.01 shall be responsible for a civil infraction and subject to a maximum fine of $2,500 for a first offense, and a maximum of $7,500 for a subsequent offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of § 53.01 committed by the same person within 12 months of a previous violation of the same provision of § 53.01 for which said person admitted responsibility or was adjudicated to be responsible. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this Chapter 53.
(2) Any person who aids or abets a person in a violation of §
53.01
shall be subject to the penalties provided in this section.
(B) Stop work order.
(1) In addition to the penalties listed above, if land disturbance or impact activities are conducted contrary to the provisions of §
53.01
or accepted final stormwater management plans, the Director of Public Works or his designee may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Director of Public Works or his designee to proceed with the work. The Director of Public Works or his designee may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of §
53.01
or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
(2) Any person who neglects or fails to comply with a stop work order shall be subject to a fine or injunction or both and such person shall also pay such costs as may be imposed in the discretion of the court. A permit reinstatement fee may be assessed by the Director of Public Works.
(C) Failure to comply or complete. In addition to any other remedies, should any owner fail to comply with the provisions of § 53.01, the Director of Public Works, or his designee may, after giving notice and opportunity for compliance, have the necessary work completed on the property, and the owner shall be required to promptly reimburse the City of Fishers for all costs of such work. Such costs may be pursued in court and/or filed as a lien against the property as allowed by state law.
(D) Suspension of access to the storm drain system.
(1) Suspension due to emergency situations. The Director of Public Works, or his designee may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Director of Public Works, or his designee may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the United States, or to minimize danger to persons.
(2) Suspension due to the detection of illicit discharge. Any person discharging to the stormwater drainage system in violation of § 53.01 may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The Director of Public Works, or his designee will notify a violator of the proposed termination of its MS4 access. The violator may petition the Board of Public Works and Safety for a reconsideration and hearing pursuant to § 53.99(F).
(E) Corrective action. Nothing herein contained shall prevent the city from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the City of Fishers NPDES permit, attorney fees, and other costs and expenses.
(F) Appeals. Pursuant to IC 36-1-6-9, this 53 may be enforced by a proceeding before the Board of Public Works and Safety. Any person adversely affected by an action taken pursuant to this section may, not later than 15 days after the date of action, submit a written notice of appeal to the Board of Public Works and Safety, Such appeal shall identify the matter being appealed, and the basis for the appeal. The Board of Public Works and Safety shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the Board of Public Works and Safety may consider the recommendations of the Director of Public Works, the Director of Engineering, or designee and the comments of other persons having knowledge of the matter. In considering any such appeal, the Board of Public Works and Safety may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(1) The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the chapter; and
(2) The granting of the relief requested will not substantially prevent the goals and purposes of this chapter, nor result in less effective management of stormwater runoff.
(Ord. 071618B, passed 7-16-18)