No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Occupancy certificates and building permits shall not be issued in a development in which the holder of the site development approval is found to be in violation of this chapter. Any person, partnership or corporation found to be in violation of this chapter may be fined $50 per day per offence. All fines collected will be remanded to the Soil Erosion and Sedimentation Control Fund. In addition to any other penalty authorized by this section, if the Board of Public Works and Safety or the Engineering Department identifies violations of this chapter, the board or department shall give a five-day written notice to the applicant to bring the site into compliance. The notice shall be served by registered mail addressed to the applicant. If the applicant shall fail to bring the site into compliance within the time prescribed, after receiving the notice, then the Board of County Commissioners shall proceed to bring the site into compliance. The County Auditor shall make a certified statement of the actual cost incurred by the county to bring the site into compliance. The statement shall be delivered to the applicant by registered mail and the applicant shall pay the amount due to the Clerk-Treasurer. If the applicant fails to pay the amount within ten days after receiving the statement, a certified copy of the statement of costs shall be filed in the office of the Auditor of the county. The Auditor of the county shall place the amount claimed on the tax duplicate against the property affected by the work and the amount shall be collected as taxes are collected and shall be disbursed to the Clerk-Treasurer who shall deposit the funds in the account from which the funds were expended.
(Ord. 2008-07, passed 5-5-2008)