The City Civil Engineering Department in conjunction with Bardstown Public Works and Code Enforcement shall be responsible for the enforcement of this chapter. Duly authorized representatives have the authority to issue notices of violation, stop work orders, and levy fines. Enforcement actions shall be served to the property owner as listed on the permit or most current property owner as held by the PVA office.
(A) Notice of deficiency (NOD). If any site violates the conditions of this chapter when inspected by the city’s authorized representative, a NOD shall be issued to the violator. The NOD may be verbal or written to either NOI holder or the property owner. The violator shall be given seven (7) calendar days, or as directed by the City Civil Engineer or designee, to correct the deficiency per the details as specified in the NOD.
(B) Notice of violation (NOV). A written NOV shall be issued to either the holder of the NOI or the owner(s) of the site, when previously sited, does not comply with the terms of the NOD within the time period given. The violator shall be given five (5) calendar days to correct the deficiency per the details as specified in the NOV. The city’s authorized representative has the right to modify the timeframe for corrections based on his/her judgment, due to project conditions.
(C) Stop work order (SWO). A stop work order shall be issued to anyone previously cited with an NOV that does not comply with the terms or the violation within the time frame given. All work on the site shall stop except for activities necessary to correct the violation. The violator shall be given seven (7) days, or as directed, to correct the deficiency per the details of stop work order. Upon completion of remediated actions as inspected the city, then the stop work order shall be rescinded, and work can continue on the site.
(1) If the holder of the NOI or property owner does not comply with the stop work order conditions within the time period specified the violator will be penalized as specified in § 156.99 Penalty. The city may also perform the remedial work and make claim against the permit holder to recover its expenses and costs.
(2) For violations where no permit has been issued, the Office of the City Civil Engineer will notify the property owner and cooperate for resolution prior to enforcement. Should the owner not cease the land disturbing activities or demonstrate a history of non-compliance of the same nature, the City Civil Engineer may request the City Attorney to seek injunctive relief as described in § 156.99 Penalty.
(3) The city may deny the issuance of any permits for any project or property to an applicant when it determines that the applicant is not in compliance with the provisions of any land disturbance permit or approved stormwater management or erosion and sediment control plan, or has failed to comply with any other provisions of this chapter.
(4) The City Civil Engineering Department is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety, or well-being of the public. If any violation is not abated immediately, the city is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. The cost of remediation plus any administrative and attorney fees shall be billed to the owner. Failure to reimburse the city within thirty (30) days will result in a lien being placed on the property.
(D) Appeals. A permit holder or property owner may appeal an enforcements action to the City Council within 15 days of the date of notification. The appeal shall be made in writing to the Mayor. The Mayor may then allot time at a regular council meeting or call a special meeting where the owner or permit holder shall be given an opportunity to be heard and he may call witnesses and present evidence on his behalf. After such meeting, if the City Council concludes that the issuance of additional correction notices would be futile, any bonds or cash deposits posted with the city shall be forfeited, whereupon said security shall be used for completion of the storm water management plan as approved.
(E) Post-construction stormwater management facilities/BMPs.
(1) When deficiencies are noted upon inspection by the city, the city shall provide the property owner copies of the inspection report with findings and evaluations. The owner then has thirty (30) days to get the stormwater facilities in working order as per its original design function.
(2) In the event the property owner neglects to make repairs upon notification, and/or fails to maintain the stormwater management facilities in good working condition acceptable to the city, the city may enter upon the property and take whatever steps it deems necessary to maintain said stormwater management/BMP facilities and to charge the costs of the repairs to the landowner, its successors and assigns. This provision shall not be construed to allow the City of Bardstown to erect any structure of a permanent nature on the property of the landowner, outside of an easement for stormwater management/BMP facilities. It is expressly understood and agreed that the city is under no obligation to maintain or repair the facilities.
(3) In the event the city performs work of any nature or expends any funds in performance of the work for labor, use of equipment supplies, materials, and the like on account of the landowner, its successors and assigns, the landowner shall reimburse the city upon demand, within thirty (30) days of receipt thereof for all costs incurred by the city.
(Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11)