§ 155.223  PERMIT REQUIREMENTS; ENFORCEMENT.
   (A)   Permit requirements, compliance.
      (1)   No activity in or within 25 feet of a wetland may be conducted without a permit from the Beverly Shores Board of Zoning Appeals and full compliance with the terms of this subchapter and other applicable regulations.
      (2)   All activities that are not permitted as of right or as special permit uses shall be prohibited.
   (B)   Temporary emergency permit.
      (1)   Notwithstanding the provisions of this subchapter or any other law to the contrary, the Beverly Shores Building Commissioner may issue a temporary wetlands permit through oral or written authorization, provided a written permit is accomplished within 5 days, if he or she deems that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted.
      (2)   The emergency permit may be terminated at any time without process upon a determination by the Beverly Shores Building Commissioner that the action was not or is no longer necessary to protect human health or the environment.
      (3)   The Beverly Shores Board of Zoning Appeals may, within 90 days of the emergency permit, require that the action be reconsidered as an after-the-fact permit, subject to any or all of the terms and provisions of this subchapter.
   (C)   Enforcement.
      (1)   The Beverly Shores Plan Commission, its agents, officers and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this subchapter and may take or cause to be made examinations, surveys or sampling as the Beverly Shores Plan Commission deems necessary.
      (2)   The Beverly Shores Plan Commission shall have authority to enforce this subchapter; a permit issued thereto; and a violation or threatened violation thereof by violation notices, administrative orders and civil and criminal actions. All costs, fees and expenses in connection with these actions may be recovered as damages against the violator.
      (3)   Law enforcement officials or other officials having police powers shall have authority to assist the Beverly Shores Plan Commission in enforcement.
      (4)   Any person who commits, takes part in or assists in any violation of any provision of this subchapter is guilty of a misdemeanor and may be fined no more than $20,000, which may be amended from time to time by the Town Council, for each offense. Each violation of this subchapter shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be separate and distinct offense.
      (5)   (a)   In the event of a violation, the Beverly Shores Plan Commission shall have the power to order wetland restoration and creation measures for the damaged or destroyed wetland area by the person or agent responsible for the violation.
         (b)   If the responsible person or agent does not complete these measures within a reasonable time following the order, the Town of Beverly Shores may restore the affected wetland to its prior condition and create or restore other wetlands for the purpose of offsetting losses sustained as a result of the violation. The person or agent responsible for the original violation shall be liable to the Town of Beverly Shores for the cost of those actions.
      (6)   To guide restoration and creation actions, the Beverly Shores Plan Commission shall have the power to order the violator to develop a plan as described in § 155.225(H) for the approval of the Beverly Shores Board of Zoning Appeals.
   (D)   Abrogation and greater restrictions.
      (1)   It is not intended that this subchapter repeal, abrogate or impair any existing state and federal laws, regulations, easements, covenants and deed restrictions.
      (2)   However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail.
   (E)   Interpretation. The provisions of this subchapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this subchapter.
(Ord. 208, passed 12-19-1983)  Penalty, see § 155.999