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§ 54.084 PERMIT SUSPENSION OR REVOCATION.
   (A)   In the event compliance cannot be achieved within the terms of an notice of violation (NOV) and/or stop work order (SWO), the city may proceed with permit suspension or revocation.
   (B)   Land-disturbing activities are not allowed on a project site when a permit has been suspended or revoked other than those required to address deficiencies/violations.
   (C)   The written permit suspension or revocation shall be hand delivered and/or sent by certified mail to the Permittee.
   (D)   A permit suspension requires that the permittee submit a revised portion of SWQMP as indicated by the city for review and acceptance by the city of the specific issue of contention. When a permit suspension is removed, the city shall provide written notice to the permittee.
   (E)   When a permit is revoked, the permittee must reapply for a permit through the process of requesting a new permit.
   (F)   A permit revocation requires that the permittee resubmit a SWQMP for a full review and acceptance by the MS4 coordinator or their designee.
(Ord. 14-08, passed 9-3-2014; Am. Ord. 19-02, passed 5-6-2019; Am. Ord. 20-05, passed 7-20-2020)
§ 54.085 ABATEMENT COSTS.
   (A)   Within ten calendar days 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 appeal objecting to the assessment or to the amount of the assessment within ten calendar days of such notice. The appeal shall be submitted to the City's Property Maintenance Code Enforcement Board or its designee. If the amount due is not paid within ten calendar days after receipt of the notice, or if an appeal is taken, within ten calendar days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount assessed.
   (B)   Each subsequent but separate violation shall see a fine increase of 25% each violation.
   (C)   The city may recover attorney's fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
   (D)   Any person violating any of the provisions of this part shall become liable to the city by reason of such violation.
(Ord. 14-08, passed 9-3-2014; Am. Ord. 19-02, passed 5-6-2019; Am. Ord. 20-05, passed 7-20-2020)
§ 54.086 REMEDIES NOT EXCLUSIVE.
   (A)   The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and the city may seek cumulative remedies.
   (B)   Any condition caused or permitted to exist in violation of any of the provisions of this chapter as a threat to public health, safety, welfare and environment is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.
(Ord. 14-08, passed 9-3-2014; Am. Ord. 19-02, passed 5-6-2019; Am. Ord. 20-05, passed 7-20-2020)
§ 54.999 PENALTY.
   (A)   Administrative penalties.
      (1)   If work requiring a permit is started without securing the appropriate permit, the following administrative penalties can be assessed against the property owner:
         (a)   Level 1 land disturbance: $50 to $500;
         (b)   Level 2 land disturbance: $100 to $500.
      (2)   A stop work order shall be issued and enforced until the appropriate permit has been obtained.
   (B)   Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten calendar days, or such greater period as the city shall deem appropriate, the city may impose a penalty not to exceed $1,000 per day for each violation that remains unaddressed after receipt of appropriate enforcement action.
   (C)   Criminal penalties. For intentional or flagrant violations of this chapter, the city may issue a citation to the alleged violator requiring such person to appear in circuit court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 per offense or imprisonment not to exceed 60 calendar days, or both. Each act of violation and each day upon which any violation occurred shall constitute a separate offense.
(Ord. 14-08, passed 9-3-2014; Am. Ord. 19-02, passed 5-6-2019; Am. Ord. 20-05, passed 7-20-2020)