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(a) Any person, firm, entity, or corporation who violates or fails to comply with any of the provisions of Sections 1050.156 or 1050.157 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) Any person, firm, entity, or corporation who violates or fails to comply with any provision of Sections 1050.05, 1050.06 or 1050.09 is guilty of a misdemeanor of the second degree and shall be subject to a maximum fine of seven hundred fifty dollars ($750.00) and imprisonment for up to ninety days or both per violation. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The violator shall also pay for the cost of all repairs needed for the stormwater conveyance system to function at expected capacity.
(c) Any person, firm, entity, or corporation who violates or fails to comply with any provisions of Section 1050.12 is guilty of a misdemeanor of the third degree and shall be subject to a maximum fine of five hundred dollars ($500.00) and imprisonment for up to sixty days or both per violation. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(d) Any person, firm, entity or corporation, including but not limited to the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of Section 1050.07, 1050.08(d)(10)K. through N., 1050.09(b)(9), 1050.11, 1050.14, 1050.151, 1050.153, 1050.154, 1050.17 and 1050.18 is guilty of a misdemeanor of the fourth degree and shall be subject to a maximum fine of two hundred fifty dollars ($250.00) and imprisonment for up to thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(e) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter for which no specific penalty is listed, is guilty of a minor misdemeanor and shall be subject to a maximum fine of one hundred fifty dollars ($150.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(f) The City may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(g) The penalties and/or remedies listed in this chapter are not exclusive of any other penalties and/or remedies available under any applicable Federal or State laws, and it is within the discretion of the City to seek cumulative penalties and/or remedies.
(h) If a company or individual continually violates sections of this chapter (minimum of three separate occasions), in addition to all other penalties provided herein, the City has the right to revoke the contractor registration for an indefinite amount of time. At a time, no later than two years following the revoking of the contractor registration, may the company or individual appeal to the City for the renewal of the contractor registration. The City Engineer must approve of the renewal if it is revoked through this chapter.
(i) In addition to the enforcement processes and penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter are considered a threat to public health, safety, and welfare, and are declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, in a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
(Ord. 133-16. Passed 12-27-16.)
(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.)