In addition to the requirements of this chapter, compliance with the requirements set forth elsewhere in the Bargersville Unified Development Code is also necessary. Compliance with all applicable ordinances of the town as well as with applicable State of Indiana statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available. Violations of the requirements of this chapter are subject to the penalties listed below.
(A) Violations. Any action or inaction which violates the provisions of this chapter, the requirements of an approved stormwater management design plan or permit, and/or the requirements of a recorded stormwater maintenance agreement may be subject to the enforcement actions outlined in this section. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
(B) Warning notice. When the town finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the town may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this section shall limit the authority of the town to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(Res. 2024-03, passed 7-22-2024; Ord. 2024-15, passed 8-13-2024)