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No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(a) Sites that are in violation with the requirements on this chapter as, determined by the Stormwater Program Manager, shall be required to take immediate actions to correct the violations. Sites that do not comply within a reasonable amount of time, as determined by the Stormwater Program Manager, shall be subject to immediate actions such as withholding of inspections including building inspections or underground utility site inspections, stop work orders, cease and desist orders, and final inspections for occupancy permits or plat approval. Sites subject to such actions cannot resume work until all violations are corrected to the satisfaction of the Stormwater Program Manager and such restrictions are suspended in writing. In cases where a violation notice has been issued for a site, the owner/agent shall be granted a reasonable amount of time, not to exceed five calendar days to respond, in writing, to the violations and provide a timeline to complete the necessary corrections. The Stormwater Program Manager shall review and approve the appropriate timelines as he or she feels is appropriate for the violations under review. Responsible parties that object to such actions can appeal to such determination in accordance with § 1060.17 herein.
(b) In the event that the provisions of this chapter and the provisions of Chapter 1058 of this code of ordinances, or the provisions of an approved SWP3 plan, the more restrictive provisions shall prevail. Any activities or actions taken in accordance with the provisions of Chapter 1058 or through an approved SWP3 plan shall not constitute a violation of this chapter.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
Any person aggrieved by any order, requirement, determination or any other action or inaction by the city in relation to this chapter may appeal to the court of common pleas. Such an appeal shall be made in conformity with the appropriate standards of the Ohio Revised Code. Written notice of appeal shall be served on the city.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
(a) Any person, firm, entity or corporation; including, but not limited to, the owner of the property, his or her agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter shall be notified in accordance with § 1060.16. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. If the person, firm, entity or corporation owner/agent fails to make the necessary corrections within five calendar days after notice, they may be fined no more than $200 for each offense per day.
(b) The imposition of any other penalties provided herein shall not preclude the city instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules or regulations, or the orders of the city.
(c) The penalties and fines set forth in division (a) of this section shall be levied in situations where the Stormwater Program Manager has determined the responsible party has failed to take corrective actions to resolve the violations. Situations such as adverse weather conditions, including rain or freezing weather, continuance of other construction activities on site, and failure to abide by a stop work order issued against the site, shall be taken into account by the city before enacting fines.
(d) In cases where the Stormwater Program Manager has determined it necessary to levy fines, documentation shall be provided to the offending party that shows that the original notice has had not been appropriately been corrected in a timely manner, and list the appropriate violations of §§ 1058.14 and 1060.16. In special cases where corrective actions have been started, but not to the acceptable practices of the Stormwater Program Manager, additional time may be granted before penalties are levied.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)