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A. Investigation: The planning director shall cause investigations to be made upon the request of the board or any public agency when any violation of the provisions of this subchapter is alleged to have occurred. The planning director shall make every effort to contact the property owner, and in no case shall be authorized to conduct warrantless searches of private property in the absence of consent from the property owner or occupier. The prosecuting attorney may seek to obtain a search warrant upon a showing of probable cause to suspect a violation or the existence of a reasonable program of inspection of the terms of a stormwater management system.
B. Violation: Whenever the planning director determines that any person is in violation of any provision of this subchapter, the planning director may commence an administrative enforcement action by issuing a written notice of violation. The notice of violation shall identify the alleged violation with specificity and shall inform the person to whom it is directed of an opportunity to confer with the planning director in a compliance conference. A written response may be required within fifteen (15) days of receipt of the notice of violation by the person to whom it is directed.
1. The planning director shall schedule a compliance conference which shall provide an opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for remedying damage caused by the alleged violation and assuring future compliance.
2. If the parties cannot reach agreement for remedying damages and/or assuring future compliance, the board of county commissioners may seek civil enforcement through court action.
C. Any person determined in a civil enforcement action to have violated any provision of this subchapter shall be liable for a civil penalty of three hundred dollars ($300.00) per day, and each violation of each provision of this subchapter may be deemed a separate violation.
D. The planning director, with the consent of the board, may pursue civil action to compel future compliance or to enjoin any continuing violation. (Ord. 501, 11-18-2008)