(A) Verbal warning. Whenever the city determines that a person, company, developer or any other entity has violated the Erosion Protection and Sediment Control plan, the SWPPP, a Post Construction BMP, or any other land disturbance permit, or failed to meet any other requirement of this section, the city may order compliance by a verbal warning to the responsible entity as the first level of enforcement. The warning shall specify the particular violation believed to have occurred and request the contractor to immediately investigate and resolve the matter before any additional damage occurs. This warning may be based on the severity of the violation, site and weather conditions. This warning will be documented by a written notice or other electronic recordation of the violation to the contractor.
(B) Written warning. Whenever the city finds that a person, company, developer or any other entity has violated the Erosion Protection and Sediment Control plan, the SWPPP, a Post Construction BMP, or any other land disturbance permit, or failed to meet any other requirement of this section, and has not compiled with a verbal warning, the city may order compliance by a written warning to the responsible entity. The warning shall specify the particular violation believed to have occurred and request the contractor to immediately investigate and resolve the matter before any additional damage occurs. This warning will be documented by a written notice to the contractor. The warning notice will contain:
(1) The name and address of the alleged violator;
(2) The address (when available) or a description of the building, structure or land upon which the violation is occurring or has occurred;
(3) A statement specifying the nature of the violation;
(4) A statement specifying the established time schedule to restore compliance.
(C) Notice of violation.
(1) Whenever the city finds that a person, company, developer or any other entity has violated the Erosion Protection and Sediment Control plan, the SWPPP, a Post Construction BMP, or any other land disturbance permit, or failed to meet any other requirement of this section, and has not complied with a verbal and/or written warning, the city may issue a Notice of Violation (NOV) to the responsible entity. The NOV shall specify the particular violation believed to have occurred, the required remediation, and a penalty for the violation. Offenses enforced through a NOV must be corrected within five (5) calendar days of the date of issuance or a Stop Work Order (SWO) will be issued.
(2) This warning will be documented by posting a written notice at the construction site and also a copy shall be mailed by first class mail, postage pre-paid, to the address listed by the contractor on the permit. In the case of work for which there is no permit, a copy of the violation and/or order shall be mailed to the person listed as the landowner of the property.
(D) Stop Work Order.
(1) Whenever the city finds that a person, company, developer or any other entity has violated the Erosion Protection and Sediment Control plan, the SWPPP, a Post Construction BMP, or any other land disturbance permit, or failed to meet any other requirement of this section, and has not complied with a Notice of Violation (NOV), a Stop Work Order (SWO) will be issued to the contractor. Failure to follow a Stop Work Order issued by the City of Berea will result in suspension of permits that have been issued for the site. The NOV shall specify the particular violation believed to have occurred, the required remediation, and a penalty for the violation.
(2) The contractor shall immediately stop work on all other activities at the site and work directly on sediment control compliance issues. Only permit violation correction work is permitted until the Stop Work order is lifted. When the site is found acceptable, the City of Berea will reinstate the permit upon receipt of all accrued penalties imposed on the project site. The contractor is subject to daily civil fines if found working under a suspended permit. The SWO will be documented by posting a written notice at the construction site and also a copy shall be mailed by first class mail, postage pre-paid, to the address listed by the contractor on the permit. In the case of work for which there is no permit, a copy of the violation and/or order shall be mailed to the person listed as the landowner of the property.
(E) An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense and may be enforced through a SWO.
(F) For violations where no Land Disturbance Permit has been issued, the City of Berea will notify the responsible party and cooperate for resolution prior to enforcement. Should the responsible party not cease the land disturbance activity the City of Berea may request the City Attorney to seek injunctive relief.
(G) Six (6) calendar days after posting a Stop-Work Order, the City of Berea may issue a notice of intent to the contractor, landowner, or land user stating the City of Berea's intent to perform work necessary to eliminate the violation. The City of Berea may enter onto the land and commence work after fourteen (14) days from issuing the notice of intent. The costs incurred by the City of Berea to perform this work shall be paid by the landowner or contractor out of the fiscal surety referred to in this section, to the extent that the amount is covered thereby, with the remainder being directly due and owed by the landowner or contractor. In the event no Land Disturbance Permit was issued or no bond was posted, the cost, plus interest at the rate authorized by the City of Berea, plus a reasonable administrative and attorneys fee shall be billed to the contractor or owner. Failure to reimburse the city within thirty (30) days will result in a lien being placed on the property.
(H) Compliance with the provisions of this section may also be enforced by injunction.
(I) The city may require immediate abatement of any violation of this section that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Berea shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by the City of Berea, plus a reasonable administrative and attorneys fee shall be billed to the owner. Failure to reimburse the city within thirty (30) days of notice will result in a lien being placed on the property.
(J) For the purpose of this section, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(K) Abatement by the city. If the violation has not been corrected pursuant to the requirements set forth in the NOV, or, in the event of an appeal, within ten (10) days of the decision to uphold the NOV, then the City or designated contractor shall enter upon the subject private premises and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Enforcement Agency of the City of Berea or designated contractor to enter upon the premises for the purposes set forth above.
(L) Charging cost of abatement/liens.
(1) Within thirty (30) days after abatement of the nuisance by the city, the city shall notify the property owner of the premise of the cost of abatement, including administrative costs.
(2) If the amount due is not paid within ten (10) days, the City Clerk shall enter the amount due on the tax roll and collect as a special assessment against the property and such amount shall constitute a lien on the property.
(Ord. No. 24-14, § 1, 12-16-14)