(a) Violations. Any violation of this chapter constitutes a public nuisance. No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter .
(b) Penalties.
(1) Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree for each offense. A separate offense shall be deemed to be committed each day during or on which a violation occurs or continues. Nothing herein contained shall prevent the City officials and/or its authorized agent(s) from taking such other lawful action as necessary to prevent or remedy any violation;
(2) Upon notice from the City and/or its authorized agent(s), that work is being done contrary to this chapter, and where applicable, the approved stormwater management plan, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City's authorized agent may require that work be stopped upon verbal order pending issuance of the written order. A stop work order remains in effect until lifted by the City and/or its authorized agent(s).
(c) Penalties Subsequent to Issuance of Stop-Work Order.
(1) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed:
A. All non-compliant earth disturbing activities are subject to applicable penalties (including fines) of the City;
B. The authorized agent(s), on behalf of the City may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and invoice the owner for actual costs incurred;
C. The authorized agent(s) may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines or any other relief the court determines. The owner shall be invoiced for actual costs received by the City.
(2) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director or Special Counsel and/or any of its assistants, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(d) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon the City not otherwise imposed by law.
(e) No Release from Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other Federal, State, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(f) Effective Date and Validity. This chapter shall take effect from and after the earliest period allowed by law. If any section, subsection, paragraph, clause, phrase, or provision of this chapter is adjudged invalid or held unconstitutional, such a decision shall not affect or void any of the remaining portions of this chapter.
(Ord. 30-08. Passed 11-11-08.)