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§ 151.26 REQUIRED ASSURANCES.
   (A)   Performance bonds.
      (1)   Applicant shall provide financial performance assurance in the form of a performance bond, certified check, irrevocable letter of credit, or certificate of deposit after receiving an approved secondary plat. Assurance shall be made out to the Town of Brownsburg for an amount equal to one hundred and ten percent (110%) of the total costs of implementing measures required by this chapter. A cost estimate prepared by the design engineer is to be submitted and approved by the Town.
      (2)   Said performance bond shall guarantee a good faith execution of the stormwater quantity and quality management plans, stormwater pollution prevention plan, and any other conditions of plan approval (collectively known as the stormwater
2025 S-30
   Stormwater Management   46A
management plan). Said costs shall be for the installation and continuous installation, monitoring, and maintenance of stormwater infrastructure, temporary and permanent sediment and erosion control measures, detention/retention facilities and other water quantity BMPs, and stormwater quality BMPs, as regulated under this chapter. The intent of this performance bond is not only to complete the installation of stormwater infrastructure for the project, but also to ensure that adequate stormwater pollution prevention measures are properly installed and maintained.
      (3)   Performance bonds shall be kept current until the project receives final approval from the Development Services Department. Delinquent performance bonds or other assurances will result in penalties and corrective actions as defined in § 151.90 and § 151.91.
      (4)   Should the owner/applicant fail to comply with the provisions of this chapter, in addition to any other remedies the Development Services Department may redeem the performance bond to complete all necessary work, after giving reasonable notice and opportunity for compliance as defined in § 151.90.
      (5)   Upon completion of the required stormwater infrastructure, temporary and permanent sediment and erosion control measures, detention/retention facilities and other water quantity BMPs, and stormwater quality BMPs according to the recorded secondary plat and approved stormwater management plan, the applicant shall provide the Development Services Department with "as-built" plans. The applicant may then request the release of the performance bond. Upon satisfaction of all performance requirements, and issuance of NOT, the Development Services Department will release the performance bond within sixty (60) days.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.27 CONSTRUCTION MAINTENANCE AND INSPECTION.
   (A)   Responsibility of maintenance and inspection.
      (1)   Stormwater quality facilities shall be maintained by the project site owner in good condition, in accordance with the operation and maintenance procedures and schedules recommended by the manufacturer of the BMP or listed in the Indiana Stormwater Quality Manual or the Hendricks County Stormwater Technical Standards Manual Appendix D and the terms and conditions of the approved stormwater management plan, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater management plan, or in accordance with approved amendments or revisions to the stormwater management plan.
      (2)   The SWPPP shall serve as a guideline for stormwater quality but should not be interpreted to be the only basis for implementation of stormwater quality measures for a project site. The project site owner is responsible for implementing, in accordance with this chapter, all measures necessary to adequately prevent polluted stormwater runoff.
      (3)   The project site owner shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of this chapter and the conditions and standards of the SWPPP and the schedule for proposed implementation.
      (4)   Construction project sites will be prioritized based on the nature and extent of the construction activity, topography and the characteristics of soils and receiving water quality.
      (5)   If after a recommendation is provided to the project site owner, corrective action is not taken, the Town will pursue enforcement in accordance with this chapter.
   (B)   Inspection by the Town.
      (1)   The Town has the authority to assess inspection fees according to an established fee schedule and conduct inspections of the site to ensure full compliance with the provisions of this chapter, and the terms and conditions of the approved development plan/SWPPP.
      (2)   Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater control facilities; and evaluating the condition of stormwater control facilities and other BMPs.
      (3)   The Town reserves the right to perform inspections and provide recommendations to evaluate the installation, implementation and maintenance of stormwater management and sediment and erosion control measures at any project site involved in land disturbing activities.
   (C)   Self-inspections.
      (1)   A SMP must be implemented by the project site owner to ensure the SWPPP is working effectively.
      (2)   A trained individual shall perform a written evaluation of the project site at the following times:
         (a)   By the end of the next business day following each measurable storm event (excludes accumulated snow events); which is defined as a precipitation accumulation equal to, or greater than, one-half (0.50) inch of rainfall. If no rain event occurs within the work week a minimum of one inspection must occur.
         (b)   When there is failure to implement the SWPPP or initiate corrective action, the SMP must be administered in accordance with division (C)(2)(a) above. However, the frequency to conduct an evaluation must be based on a one-quarter (0.25) inch of rainfall.
         (c)   At a minimum of one (1) time per month for areas within the project which are stabilized with permanent vegetative cover at seventy percent (70%) density. Prior to reducing the monitoring to monthly, records must identify the area and the date the area became eligible for monthly monitoring. Weekly monitoring as identified in divisions (C)(2)(a) and (b) above must resume if one (1) or more of the following occurs:
            1.   The vegetative cover fails or there is evidence of erosion in the identified area.
            2.   IDEM or the Town requires monitoring to resume.
   (D)   Inspections by the trained individual shall be conducted until the entire site has been stabilized and the site passes a final inspection by the Development Services Department. The trained individual should look at the maintenance of existing stormwater pollution prevention measures, including erosion and sediment control measures, drainage structures, and construction materials storage/containment facilities, to ensure they are functioning properly. The trained individual should also identify additional measures, beyond those originally identified in the stormwater pollution prevention plan, necessary to remain in compliance with all applicable statutes and regulations.
   (E)   Written evaluations shall include the following:
      (1)   Name of the individual performing the evaluation.
      (2)   Date of the evaluation.
      (3)   Location of the inspection.
      (4)   Type of inspection completed (routine, rainfall event, enforcement action follow-up, etc.).
      (5)   Amount of precipitation when the evaluation is conducted after a measurable storm event. Recorded rainfall may be documented utilizing an on-site rain gauge or storm event information from a weather station that is representative of the project location.
      (6)   Any violations or problems identified at the project site.
      (7)   Observations of project performance in relation to:
         (a)   Implementation of the stormwater pollution prevention plan.
         (b)   Assessment of existing stormwater measures based on industry standards and to ensure each measure is operational and functioning properly.
         (c)   Additional measures necessary in the event an existing measure fails or is not present in the landscape
         (d)   Impacts including, but not limited to, sediment discharges, erosion, discharges that results in bank erosion, and operational activities that have the potential to generate pollutants and unauthorized discharges.
      (8)   Documentation of an actual discharge that is visible during the assessment, the location of the discharge and a visual description of the discharge. The visual description includes, but is not limited to, color (turbidity reading is an option), odor, floatables, settled/suspended solids, foam, oil sheen, and any other visible sign that may be attributed to operations occurring on the project site.
      (9)   Detail of corrective action recommended and/or completed. Corrective action includes, but is not limited to:
         (a)   Repairing, modifying, or replacing any stormwater management measure.
         (b)   Clean-up and proper disposal of spills, releases, or other deposits.
         (c)   Remedying a permit violation.
         (d)   Taking reasonable steps to remediate, minimize or prevent the discharge of pollutants associated with the construction activity until a permanent corrective solution is initiated.
         (e)   Restoring an impacted area and/or removing accumulated sediment, provided appropriate permission and permits are obtained to conduct the activity.
      (10)   A timeline for which the corrective action will occur to remediate the discharge of pollutants. The established corrective action, at a minimum, must occur:
         (a)   On the day the deficiency was discovered or when it is not practical to initiate on the discovery date, no later than the following workday for the repair of a measure.
         (b)   Within seven (7) days of discovery for the installation of a new measure or replacement of an existing measure unless a shorter period is required as part of a regulatory inspection. The inspecting authority may also allow additional time to take corrective action.
      (11)   Documentation of corrective action taken from the previous self-monitoring report.
      (12)   Signature of inspector.
   (F)   Although self-monitoring reports do not need to be submitted to the Town, the Town has the right to request complete records of maintenance and monitoring activities involving stormwater pollution prevention measures. All evaluation reports for the project site must be made available to the Town, in an organized fashion, within forty-eight (48) hours of the request.
   (G)   Regular construction inspections shall be required until the IDEM NOT is completed and the site passes a final inspection by the Development Services Department. A passing inspection shall be defined as an inspection in which the site meets stabilization requirements, all permanent stormwater management facilities and sediment and erosion control measures are installed, maintained, and operating in accordance with the approved stormwater management plan, and no other violations are observed.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.28 PROJECT TERMINATION.
   (A)   Certification of as-built drawings.
      (1)   After completion of construction of the project, but before final site inspection and acceptance, the applicant shall submit professionally prepared and certified "as-built" drawings in accordance with the Town's requirements for digital and hard copy as-builts. The drawings shall indicate the "as-built" details of all site improvements relevant to the completed stormwater management system and management facilities, including the following:
         (a)   Pipe size, length, material, and inverts.
         (b)   Structure location, size, and material.
         (c)   Casting type, size, and top of rim elevation.
         (d)   Ditch/swale locations, flowline elevations, and cross sections.
         (e)   BMP type, dimensions, boundaries/easements, and relevant elevations.
         (f)   "As-planted" plans for BMPs, as applicable.
         (g)   Post-construction survey, indicating detention/retention basin bottom elevation, normal pool elevation, and one hundred-year (100-yr.) (1% chance/year) elevation.
         (h)   Emergency overflow spillway and flood routing path configuration, dimensions, flowline/invert elevations, and cross sections.
         (i)   Data and calculations showing "as-built" detention/retention basin storage volume and "as-built" BMP treatment capacity, signed and certified by a professional engineer or land surveyor licensed in the State of Indiana.
         (j)   Any other "as-built" information required or requested by the Development Services Department.
   (B)   Certification of completion and compliance.
      (1)   A certification of completion and compliance shall be completed that certifies the following:
         (a)   The designer is familiar with the stormwater management requirements applicable to such land alteration (as set forth in this chapter).
         (b)   The designer has personally inspected the completed work.
         (c)   All improvements were installed as shown on the "as-built" plans and in conformance with the approved stormwater management plan. Statement shall be signed and certified by a professional engineer or land surveyor licensed in the State of Indiana.
      (2)   Any exceptions or deletions to the project shall be clearly outlined.
   (C)   Notice of construction termination.
      (1)   The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of stormwater quality measures that are to remain on the project site.
      (2)   The project site owner, or a representative thereof, shall submit an IDEM NOT form to the Town upon project termination once the following requirements are met:
         (a)   All land disturbing activities, including construction on all building lots, have been completed.
         (b)   Final stabilization of the entire site has been completed. Final stabilization is when:
            1.   All land-disturbing activities have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) has been established on all unpaved tillable areas, and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed. This requirement does not apply to:
               a.    Landscaping that is part of the final project plan is considered stable when the plan has been fully implemented and areas not being vegetated are stable with a non-erosive material and/or product.
               b.    Projects or specific stormwater measures that utilize native vegetation and/or special vegetative plantings that are either required by a water quality permit/authorization or part of the design and functionality of a stormwater measure provided the activity does not pose a threat that will result in off-site sedimentation.
               c.    Projects on land used for agricultural purposes when:
                  i.    Stabilization is completed as land-disturbance progresses. Land that is returned to agricultural production must be temporarily or permanently seeded upon completing land-disturbing activities. Stabilization requirements may be waived by the inspecting authority if the project site does not pose a threat of discharging sediment.
                  ii.    Disturbed areas, not previously used for agricultural production, such as filter strips, must be returned to their pre land disturbance use.
               d.    Specific projects, due to function and/or operation may necessitate that an area remain disturbed. Only the minimum operational area is allowed to remain disturbed. This option primarily applies to off-road recreational commercial operations but may apply to other land use types upon determination by the regulating entity.
         (c)   All permanent BMPs and stormwater quality measures have been implemented and are operational. BMPs shall be cleaned, including the removal of accumulated solids, sediments, and debris, just prior to construction termination.
         (d)   Temporary erosion and sediment control measures have been removed.
      (3)   The NOT must be submitted to the Town within two (2) weeks of project termination and contain a statement(s) verifying that each of these conditions have been met.
      (4)   The Town or a representative thereof may inspect the project site to confirm the information provided in the NOT. Once the applicant receives verification of acceptable construction termination and site stabilization from the Development Services Department, the applicant must forward a copy of the NOT to IDEM.
      (5)   The applicant may apply for release of performance bonds in accordance with § 151.26(A)(5).
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.29 STORMWATER MANAGEMENT FACILITIES POST-CONSTRUCTION MAINTENANCE AND INSPECTION.
   (A)   O&M manual requirements.
      (1)   Stormwater management facilities including pipes, structures, ponds, detention/retention facilities, swales, open channels, subsurface drains, water quality BMPs, and low impact development practices shall have an O&M manual. The O&M manual shall be submitted with the site development plan as required in § 151.20(B)(2)(g).
      (2)   O&M manual should include maintenance of all ponds, stormwater components, and low-impact development facilities/BMPs. Owners of ponds will be responsible for all maintenance of pond banks, erosion control measures, riprap, and outfall protection and all periodic dredging. It is the designer's responsibility to determine which additional operation and maintenance measures are necessary to prolong the optimal function of the facility.
      (3)   The approved O&M manual shall be signed by the owner and notarized. A copy of the approved O&M manual shall be provided to the owner and the Development Services Department. The signed and notarized O&M manual shall be recorded with the property by the County Recorder's office. A copy of the O&M manual shall be provided to each new owner before the transfer of ownership. The O&M manual shall be signed by the new owner, notarized, and submitted to the Development Services Department to be kept on record.
      (4)   All O&M manuals shall include the following information, at a minimum:
         (a)   Owner information. The first section of the manual shall contain information about all people involved with the operations and maintenance of the facility. This section shall list the names and contact information of all responsible parties, including property owner(s), maintenance staff, and person(s) responsible for performing inspections. The responsibilities of each individual shall be clearly defined. Contact information shall include business or mobile phone number, address for giving notice, and email address (if available).
         (b)   Site map. The O&M manual shall include a site map and exhibits drawn to a legible scale on 8.5" x 11" or 11" x 17" sized paper that clearly indicates the following:
            1.   The physical street address of the property and location map.
            2.   The location of the stormwater management facilities and BMPs.
            3.   Plan and cross-section details showing applicable features.
            4.   The flow of stormwater through the site, including an overview of the stormwater's path through the onsite stormwater facilities and BMPs.
            5.   Dimensions, easements, outlets/discharge points and outfall locations, drainage patterns, stormwater runoff flow directions, the extent and depth (elevation) of highwater levels, flood routing path, signage, connecting structures, weirs, invert elevations, structural controls used to control stormwater flows, and other relevant features.
         (c)   O&M practices. Each stormwater management facility and BMP shall require specific inspection and maintenance procedures.
            1.   Guidance shall be written in simple, layperson's terms, including:
               a.    Guidance on owner- required periodic inspections.
               b.    Guidance on routine maintenance including mowing, litter removal, woody growth removal, etc. to be performed by the owner.
               c.    Guidance on remedial maintenance such as inlet replacement, outlet work, etc. to be performed by the owner.
               d.    Guidance on sediment removal, both narrative and graphical, describing when sediment removal shall occur to ensure that the stormwater management facility or BMP remains effective as a stormwater management device. Guidance shall include instructions as to how the depth of sediment shall be measured and at what measurement removal will be required.
               e.    Methods to measure depth of sediment accumulation in ponds and instructions for performing pond dredging.
               f.    Instructions on inspection and clean-out of BMPs, sumps, trash screens, settling pits, and oil/grease collection chambers.
               g.    Instructions on proper disposal of removed sediments, trash, debris, and other substances.
               h.    Guidance and methods for preventing water stagnation and all recommended maintenance.
            2.   The minimum requirements below shall also be incorporated into the inspection and maintenance regimen and clearly documented in the O&M manual.
               a.    Operation and maintenance procedures and practices shall be reviewed and assessed annually.
               b.    Access routes, including roadways and sidewalks, shall be inspected annually and maintained as needed.
               c.    Drainage structures and flow restrictors shall be inspected and cleaned semiannually or per the manufacturer's recommendations, whichever is more stringent.
               d.    Volume control facilities and BMPs shall be inspected semi-annually and after significant rainfall events exceeding one and one-half (1.5) inches, or per the manufacturer's recommendations, whichever is more stringent.
               e.   The owner shall keep an updated logbook or inspection worksheets documenting the performance of the required operation and maintenance activities for perpetuity. Note inspection dates, facility components inspected, facility condition, and any maintenance performed or repairs made. Documentation must be produced upon the request of the Town personnel, within forty-eight (48) hours of the request.
               f.    Vegetation shall be maintained on a regular basis per design specifications.
               g.   Pest control measures shall be implemented to address insects, rodents, and other pests. Natural pest control is preferred over chemical treatments.
               h.    Mechanical measures shall be maintained on a regular basis per the manufacturer's recommendations.
               i.    Signage and fencing shall be installed and maintained in accordance with the Town of Brownsburg Construction Standards and where necessary to protect property and the public.
               j.    Underground vaults and structures shall include design measures to facilitate regular cleaning and maintenance. Confined space entry procedures shall be followed.
         (d)   Right-of-entry statement. The O&M manual shall include a statement that the Town of Brownsburg has the right to enter the property to inspect the stormwater management facility or BMP. The statement shall be signed and notarized.
         (e)   Implementation schedule. An inspection and maintenance schedule shall be prepared in a tabular format and included in the O&M manual. This schedule shall provide for routine examination of all stormwater management facilities and BMPs on the property and incorporate the varying maintenance needs of each.
         (f)   Employee training. Specific individuals shall be assigned responsibility for operation, maintenance, and inspection of all onsite stormwater management facilities and BMPs. Employee training shall be conducted so that these individuals are aware of proper procedures and practices. The training program and schedule shall be incorporated into the O&M manual. All personnel should be familiar with the components of the O&M manual and their personal level of responsibility. The Town may request training documentation.
         (g)   Drainage easement(s) documentation. The O&M manual shall include documentation of drainage easement(s) around the stormwater management facilities and BMPs. The documentation shall be in graphic format.
   (B)   Stormwater management facility and BMP maintenance.
      (1)   Stormwater management facilities and BMPs shall be maintained in a properly functioning condition so that their effectiveness in managing and treating stormwater runoff is not diminished, in accordance with the operation and maintenance procedures and schedules recommended by the manufacturer of the BMP or listed in the Indiana Stormwater Quality Manual, the Hendricks County Stormwater Technical Standards Manual Appendix D, the approved O&M manual, and the terms and conditions of the approved stormwater management plan. The stormwater management facility or BMP owner is considered in violation of this chapter if the facility or BMP is not maintained properly.
      (2)   Following construction completion and the issuance of an NOT, inspection and maintenance of stormwater management facilities and BMPs shall be the long-term responsibility of the owner of those facilities (including homeowners associations or any other entity as specified in restrictive covenants).
   (C)   Records of inspection and maintenance activities.
      (1)   The stormwater management facility or BMP owner must conduct necessary inspections at least once per year. The inspections shall follow the operation and maintenance procedures listed in the Indiana Stormwater Quality Manual, the Hendricks County Stormwater Technical Standards Manual Appendix D, the approved O&M manual, and the terms and conditions of the approved stormwater management plan for each facility or BMP. The inspection shall cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. Completed inspection forms must be maintained by the owner and produced upon request by Town personnel within forty-eight (48) hours of the request.
      (2)   Annual inspection reports shall be due to the Development Services Department, beginning one (1) year after construction is completed. Subsequent reports shall be due each year within the same month of the initial report. All deficiencies found during the inspection shall be addressed. If the annual inspection report is not received within the month it is due, if there are deficiencies which exist but were not included in the report, or if any deficiencies included in the report are not addressed in a timely manner, the Town may take enforcement action in accordance with this chapter.
      (3)   The Development Services Department must be notified of any changes in ownership, major repairs, or failure in writing within thirty (30) days.
      (4)   If Town personnel find a stormwater management facility in need of maintenance or repair, the Development Services Department will notify the owner on record of the necessary maintenance or repairs and give the owner a time for completing the work. If the maintenance or repairs are not completed within the designated time, the Town may perform the work and bill the owner for the actual costs of the work.
      (5)   The Town also has the authority to perform long-term inspection of all public or privately-owned stormwater management facilities. Such inspections will be in addition to the regular inspections required to be performed by the facility owner. The inspections will follow the operation and maintenance procedures listed in the approved stormwater management plan for each facility or BMP. Noted deficiencies and recommended corrective action will be included in an inspection report.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
ENFORCEMENT
§ 151.90 COMPLIANCE.
   (A)   Failure to comply or complete.
      (1)   Compliance with this chapter, all applicable Town ordinances, as well as all state and federal statutes and regulations is required. Unless otherwise stated, all references, specifications, statues, and regulations referred to in this chapter shall be the most recent edition available.
      (2)   The Development Services Department or their designee may delay issuance of a building permit or revoke stormwater management plan approval where the application, plan or other supporting documents reflect:
         (a)   A false statement or mis-representation as to material fact.
         (b)   Failure to or lack of compliance with the requirements of this chapter.
         (c)   Failure to bond, execute covenants, dedicate easements, or perform other requirements pursuant to this chapter.
      (3)   This revocation of approval shall in no way limit the operation of penalties provided elsewhere in this chapter.
   (B)   Notice of violation.
      (1)   Whenever the Town or their designee finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Town may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
         (a)   The performance of monitoring, analyses, and reporting;
         (b)   The elimination of illicit connections or discharges;
         (c)   That violating discharges, practices, or operations shall cease and desist;
         (d)   The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
         (e)   Payment of a fine to cover administrative and remediation costs, including but not limited to remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees and any other costs borne by the Town related to the violation;
         (f)   The implementation of source control or treatment BMPs;
         (g)   The issuance of a stop work order; and/or
         (h)   Revocation or suspension of stormwater management plan approval.
      (2)   The notice of violation shall be in writing, include a description of the property for identification and include a statement of the violation(s) and why the notice is being issued. The notice of violation shall provide at least ten (10) days to bring the property into compliance.
      (3)   If abatement of a violation and/or restoration of affected property is 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 the Town and the expense thereof shall be charged to the violator.
      (4)   Reinspection of remedied violations will be assessed a reinspection fee in accordance with the fee schedule established by the Town of Brownsburg.
   (C)   Appeal of notice of violation.
      (1)   Any person receiving a notice of violation may appeal the determination to the effect that a notice of violation or stop work order served in accordance with this chapter is in error or should, due to hardship, be modified or entitled to a variance from the enforcement.
      (2)   Any person receiving a notice of violation may appeal the determination to the effect that a reasonable extension of time for the compliance should be granted on the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable period.
      (3)   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.
      (4)   Appeals of notices or orders (other than imminent danger notices) shall stay the enforcement of the notice or order until the Town Council rules on the appeal.
   (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 municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency 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)   Stop work order.
      (1)   Whenever the Town or their designee discovers the existence of any of the circumstances listed below, a stop work order may be issued requiring the suspension of the land alteration. A stop work order may be issued on any person engaged in land alteration if:
         (a)   There is a public health or safety hazard. Land alteration is occurring in violation of a stormwater management requirement and in such manner that if land alteration is allowed to proceed, that it will be difficult to correct the violation; and seventy-two (72) hours have elapsed since written notice of violation was issued;
         (b)   Land alteration has been accomplished in violation of a stormwater management requirement and seventy-two (72) hours have elapsed since written notice of violation was issued, without the violation being corrected; or
         (c)   Land alteration for which stormwater management plan approval is required is proceeding without the appropriate approval. In such an instance, the stop work order shall indicate that the effect of the order terminates when the required approval is obtained.
      (2)   The stop work order shall be in writing and shall state to what land alteration it is applicable and the reason for its issuance. One (1) copy shall be posted on the property in a conspicuous place, and one (1) copy shall be delivered to the applicant, the owner of the property, or his or her agent.
      (3)   The stop work order shall state the conditions under which land alteration may be resumed.
   (F)   Injunctive relief. It shall be unlawful for 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 authorized enforcement agency 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)   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.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)
§ 151.99 PENALTY.
   (A)   Fining procedure.
      (1)   Any person who violates any of the provisions of this chapter may be fined.
      (2)   The fines described in the notice of violation may include a civil infraction and is subject to a minimum fine for investigation, inspection and administrative costs and a maximum fine of two thousand five hundred dollars ($2,500) for a first offense. A maximum of seven thousand five hundred dollars ($7,500) may be assessed for a subsequent offense. Each day such a violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day.
      (3)   If the amount due is not paid within a timely manner as determined by the decision of the municipal authority 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.
   (B)   Cost of abatement of the violation. After abatement of the violation, 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 municipal authority 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.
   (C)   Expenses. The Town may recover all remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees and any other costs borne by the Town related to the violation.
   (D)   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.
   (E)   Transfer of ownership. No owner of any lands upon which a penalty or cost of abatement has been assessed shall sell, transfer, mortgage, lease, or otherwise dispose of to another until the amount has been paid, or until such owner first furnishes to the Town a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging and fully accepting the responsibility of payment.
(Ord. 2017-28, passed 10-12-17; Am. Ord. 2024- 04, passed 4-25-24)