(A) Notice of violation. Whenever the Town finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Development Services Department may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of stonnwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative, remediation, response costs and additional fees as deemed necessary; and
(6) The implementation of source control or treatment BMPs.
(B) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(C) Appeal of notice of violation. Any person receiving a noticc of violation may appeal the determination of the Development Services Department. The notice of appeal must be filed with the Town within ten (10) days from the date of the notice. Hearing on the appeal before the Town Council shall take place within forty-five (45) days from the date of its receipt of the notice of appeal. The decision of the Town Council shall be final.
(D) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten (10) days of the decision of the Town Council upholding the decision of the Development Services Department then representatives of the Town shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(E) Cost of abatement of the violation. After completion of abatement activities, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days, If the amount due is not paid within a timely manner as determined by the decision of the Town Council or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the Town by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight percent (8%) per annum shall be assessed on the balance beginning on the first day following discovery of the violation. If such amount is not timely paid, then the Town may authorize the amount due and unpaid to the Treasurer of Hendricks County to be collected in the same manner as delinquent property taxes.
(F) Injunctive relief. It shall be unlawful tor any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Town may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(G) Compensatory action. In lieu of fines, the Town may impose upon a violator alternative compensatory actions and schedule for completion, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like. If the compensatory action is not completed according to the provided schedule, then all fines and penalties will be immediately due from the violator.
(H) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(I) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Town to seek cumulative remedies.
(Ord. 2016-42, passed 1-12-17)