(A) Corrective actions. Nothing herein contained shall prevent the town from taking other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible.
(1) Violations. Individuals, corporations and partnerships found to be in violation of any portion of this chapter shall be subject to penalties, including but not limited to a warning ticket, a STOP- WORK order, a civil citation, or a suit for injunctive relief being issued or filed by a representative of the town.
(2) Warning ticket/civil citation. A warning ticket or civil citation shall contain the following information:
(a) Date and time of issuance;
(b) Name and address of the individual, corporation or partnership determined to be in violation of this chapter;
(c) Name of this chapter and section number where the violation is defined;
(d) Nature and location of the violation;
(e) Type of and range of fines which could be assessed upon continuance of noncompliance activities;
(f) The name and business address of the person or organization issuing the violation;
(g) In the case of a warning ticket, the specific time limit established for compliance. No legal action shall be brought until this time limit has elapsed and a civil citation has been issued as detailed below; and
(h) Upon expiration of the compliance period, a civil citation shall be issued in person or by certified mail to the violator by a duly authorized representative of the town. The civil citation shall contain the date and time that the violator is scheduled to appear in court.
(3) Civil action. The town may initiate a civil action in a court of competent jurisdiction to restrain any person accomplishing a land alteration from violating a storm water management requirement or plans and specifications filed in order to obtain a storm water permit. The purpose for which injunctive relief may be sought shall include, but not be limited to:
(a) Enforcing the provisions of a stop-work order;
(b) Preventing the accomplishment of a land alteration in violation of a storm water management requirement; or
(c) Requiring accomplishment of a land alteration in accordance with storm water management requirements and, if a storm water management permit has been obtained, plans and specifications filed therewith.
(B) Penalties. Any individual, corporation or partnership found to be in violation of this chapter or who shall fail to comply with any of the requirements herein shall be subject to the penalties provided for a Class D Ordinance Violation. In addition, they shall be subject to any other remedial action authorized in this chapter.
(Ord. 1995-10 § XX A-C, passed 10-13-1995)
Cross-reference:
Schedule of ordinance violation classes, see § 10.99