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(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this chapter.
(b) Upon notice, the Storm Water Program Manager and/or designee may suspend any active soil-disturbing activity for a period not to exceed 90 calendar days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Storm Water Manager and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.
(c) 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 Storm Water Program Manager shall review and approve the appropriate timelines as he or she feels is appropriate for the violations under review.
(d) Violations of the requirements set forth in the approved Storm Water Pollution Prevention Plan or Abbreviated Storm Water Pollution Prevention Plan is considered an illicit discharge and shall be subject to the fines and penalties set forth in accordance with Chapter 1061 of the Avon Lake Codified Ordinances.
(e) Sites that are in violation with the requirements of this chapter, as determined by the Storm Water Program Manager, shall be required to take appropriate actions to correct the violations. Sites that do not comply within a reasonable amount of time, as determined by the Storm Water Program Manager, shall be subject to appropriate 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 Storm Water Program Manager and such restrictions are suspended in writing. The Storm Water Program Manager shall herein be granted the right to permit portions of the site work to resume in cases where partial corrective actions have been corrected and the remaining actions have been agreed to in a written timeline agree to by the owner/contractor.
Responsible parties that object to such actions can appeal to such determination in accordance with Section 1058.15 herein.
(f) In the event that the provisions of this chapter and the provisions of Chapter 1060 of these Codified 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 1060 or through an approved SWP3 Plan shall not constitute a violation of this chapter.
(Ord. 89-2012. Passed 6-25-12; Ord. 25-2013. Passed 3-25-13.)