Civil penalties may be imposed as follows.
(A) Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued pursuant to this chapter, or who initiates or continues a development for which a stormwater plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation of this chapter is $27,500 per day. Each day of a continuing violation shall constitute a separate violation. Additional fees may be charged for remedies and enforcement of this chapter.
(B) No penalty shall be assessed until the applicant has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation can be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action.
(C) If the violation has not been connected within the designated time period, a civil penalty may be assessed from the date the violation is detected.
(D) Refusal to accept the notice or failure to notify the Stormwater Administrator of a change of address shall not relieve the violator’s obligation to pay such a penalty.
(E) The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant has taken the remedial measures set forth in the notice of violation and cured the violations described therein.
(2013 Code, § 20-7)