(a) It shall be unlawful for any person to violate any provision, or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Stormwater Manager, through the Law Department, may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations, or compelling the person to perform abatement or remediation of the violation.
(b) Issuance of Stop-Work Order. Upon notice from the City and/or its authorized agent that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City and/or its authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(c) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
(1) If the earth-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision chapters of the City shall apply.
(2) The City Engineer and/or his or her authorized agent, on behalf of the City, may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The City Engineer and/or his or her authorized agent, on behalf of the City, may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Section 1050.99 or any other relief the court determines.
(4) After the issuance of a stop work order provided for below, but before the imposition of any fines, the applicant shall have the opportunity to request a meeting with the Law Director and the City Engineer to show because why work should not be stopped.
(5) Following the issuance of a stop-work order, the City shall determine if and when the development may proceed. Any determination by the City pursuant to this section is a final order for purpose of judicial review.
(d) 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 chapters, or the orders of the City.
(Ord. 133-16. Passed 12-27-16.)