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(A) Written notification. In the event the town or a regulatory agency determines the installation or maintenance or the storm water management facility violates the provisions of this subchapter, Rule 13, the Drainage Standards Manual or the terms of the storm water management approval, the property owner will be issued a written notification from the Department of Storm Water Management. The written notification shall be in the form of a warning letter of noncompliance or violation notice.
(B) Noncompliance during construction. Upon receipt of a written notice of violation during construction, persons receiving a notice of violation will be required to halt all construction activities. This “stop work order” will be in effect until the Department of Storm Water Management confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil and/or monetary penalties in accordance with the enforcement measures authorized in this subchapter.
(C) Maintenance noncompliance after construction. Upon receipt of written notice of a maintenance violation, the party responsible for maintenance shall have 30 calendar days to correct the deficiency. In the event the deficiency is not corrected within this period, a fine of not less than $250 per deficiency shall be assessed to the property owner, and each day such violation exists shall constitute a separate violation. In the event the deficiency is not correct after 60 calendar days from the notice of maintenance violation, the town may correct a violation by performing all necessary work to place the facility in proper working condition. The town may assess the owner(s) of the facility for the cost of repair work and any penalties and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.
(Ord. 2005-11, passed 10- -2005; Ord. 2019-21, passed 11-26-2019; Ord. 2020-01, passed 1-28-2020)