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This code of the city of Batavia shall be and is hereby further amended to provide for enforcement and a schedule of penalties for violations of the city's storm water management regulations as set forth herein as follows:
Section 700. Inspection and maintenance authority.
Pursuant to the authority granted by 55 ILCS 5/5-1104 and 5-1062, the city of Batavia may, upon thirty (30) days notice to the owner or occupant, enter upon any lands or waters within the city of Batavia for the purpose of inspecting and/or maintaining any storm water facilities or causing the removal of any obstruction to an affected watercourse.
Section 701. Required inspections.
Any development constructed pursuant to a storm water management permit may be periodically inspected by the administrator to ensure its conformity with this ordinance and the terms and conditions of its permit.
Section 702. Offenses - Penalties; Remedies.
(a) Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this ordinance ("ordinance violation"), or any requirement or condition in any permit issued pursuant to this ordinance ("permit violation"), and, in the case of a permit violation, fails to correct such violation, omission or neglect, or cease such disobedience, refusal or resistance after notice and reinspection as provided below, shall be guilty of an offence under this ordinance.
(b) Whenever the administrator determines that a permit violation exists, he shall serve notice of the violation in the manner prescribed in §1006 to the permittee. Such notice shall state the nature of the violation and fix a date not less than thirty (30) days after the date of the notice when the site will be reinspected.
(c) Any person found guilty of an offense under this ordinance shall pay a civil fine in an amount not less than twenty-five dollars ($25.00) and not more than seven hundred fifty dollars ($750.00). Each calendar day during which such violation continues to exist shall constitute a separate offense.
(d) In addition to any fine imposed under this section, the administrator may revoke any storm water management permit issued to such person.
(e) In addition to any fine imposed or permit revocation undertaken pursuant to this section, the administrator may issue an order requiring the suspension of any further work on the site. Such stop-work order shall be in writing, shall indicate the reason for its issuance, and shall specify the action, if any, required to be taken in order to resume work. One copy of the stop-work order shall be posted on the site in a conspicuous place and one copy shall be served in the manner prescribed in §1006 upon the permittee, if any, or if none, upon the person in whose name the site was last assessed for taxes as disclosed by the records of the supervisor or assessments.
(f) In the enforcement of this ordinance, the administrator may bring any action, legal or equitable, including an action for injunctive relief, as they deem necessary.
(Ord. 01-36, 6-18-2001)