(A) Violations.
(1) The county may issue a stop work order against any person who violates any provision of this chapter or any regulation, order, approved plan, or management agreement.
(2) Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $50,000 or imprisonment not exceeding one year or both for each violation, with costs imposed in the discretion of the court. Each day that a violation continues shall be a separate offense.
(3) Any person who violates a provision of this chapter or fails to comply with any of the requirements of this chapter, will be subject by the county for performing all necessary corrective actions. If satisfactory corrections of a Notice of Violation (NOV) are not made by the owner within a reasonable period of time as determined by the county, not exceeding 30 days after issuance of the notice of violation, the county has the right to enter onto the property and perform the work necessary to correct the violation and the owner of the facility shall be assessed the cost of the work. Penalties may be collected by placing a lien on the property or by including the cost of the work on the property tax bill and collecting the cost as ordinary taxes.
(B) Additional penalties; civil penalties.
(1) In addition to any other penalty set forth in this chapter, a person who violates this chapter, the regulations adopted under this chapter, the forest conservation plan, any management agreement, or easement may be assessed a penalty of $.30 per square foot of the area found to be in noncompliance.
(2) In addition to any other penalty set forth in this chapter, the county may institute injunctive or other appropriate action or proceedings of law to correct violations of this chapter. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions, or other appropriate forms of relief.
(3) The county may issue a civil fine/penalty of not more than $10,000 per day. Each day that a violation continues shall be a separate offense.
(4) A court of competent jurisdiction may consider the cost of restoring the area unlawfully disturbed.
(2004 Code, § 115-15) (Ord. 127, passed 12-2-1994; Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 02-18, passed 11-21-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 2022-11, passed 8-25-2022)