(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(b) If the SWCD and/or Village of Boston Heights Engineer determines that a violation of the rules adopted under this section exists, the SWCD and/or the Village of Boston Heights Engineer shall issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity. In addition, if the SWCD and/or the Village of Boston Heights Engineer determines such a rule violation exists, regardless of whether or not the violator has obtained the proper permits, the SWCD and/or the Village of Boston Heights Engineer, shall authorize the issuance of a notice of violation.
(c) If after a period of not less than thirty (30) days has elapsed following the issuance of the notice of violation, the violation continues, the SWCD and/or the Village of Boston Heights Engineer shall issue a second notice of violation. Except as provided in division (f) of this section, if, after a period of not less than fifteen (15) days has elapsed following the issuance of the second notice of violation, the violation continues, the SWCD and/or the Village of Boston Heights Engineer shall issue a stop work order after first obtaining the written approval of the Village of Boston Heights Solicitor, if, in the opinion of the Prosecutor, the violation is egregious.
(d) Once a stop work order is issued, the SWCD shall request in writing, the Village of Boston Heights Solicitor to seek an injunction or other appropriate relief in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules adopted under this section.
(e) If the Prosecutor seeks an injunction or other appropriate relief then, in granting relief, the Summit County Court of Common Pleas may order the construction of sediment control improvements or implementation of other control measures and may assess a civil fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day of violation of a rule or stop work order issued under this section shall be considered a separate violation subject to a civil fine.
(f) No stop work order shall be issued under this section against any public highway, transportation, or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the County or the chief of the Division of Soil and Water Conservation in the Ohio Department of Natural Resources.
(g) Notwithstanding subsection (b) - (f) hereof, if the County Executive determines that a violation of any rule adopted or administrative order issued under this section exists, the Mayor of the Village of Boston Heights may request, in writing, the Village of Boston Heights Solicitor to seek an injunction or other appropriate relief in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules or order, improvements or implementation of other control measures, and may assess a civil fine of not less than one hundred nor more than five hundred dollars. Each day of violation of a rule adopted or administrative order issued under this section shall be considered a separate violation subject to a civil fine.
(h) The Village of Boston Heights Planning Commission may deny the issuance of any further plat approvals for the property in question until the site is brought into compliance with this chapter.
(i) The Summit County Department of Building Standards and the Village of Boston Heights may suspend the issuance of occupancy certificates within developments that are not in compliance with this chapter.
(j) The Village of Boston Heights Engineer’s Office may suspend the inspection of site improvements and/or refuse the release of bonds on developments that are not in compliance with this chapter.
(Ord. 14-2007. Passed 8-8-07.)