§ 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 misrepresentation 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 time 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)   Land alteration is proceeding in an unsafe manner;
         (b)   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;
         (c)   Land alteration has been accomplished in violation of a stormwater management requirement and up to fifteen (15) calendar days have elapsed since written notice of violation was issued, without the violation being corrected; or
         (d)   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 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)