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(A) Any permit issued under this chapter may be revoked or suspended by the county for:
(1) Noncompliance with the grading or soil erosion and sediment control plan or any other condition of the permit;
(2) Violation of any provision of this chapter or any other applicable federal, state, or local laws, ordinances, rules, or regulations relating to the work;
(3) Existence of any condition that creates a nuisance or hazard to life or property; or
(4) Failure of the approved soil erosion and sediment control plan to achieve required soil erosion and sediment control objectives as a result of site characteristics or conditions.
(B) In addition to the authority under division (A) above, the county may issue a stop work order, and post such order at the site directing that all activity cease immediately, provided that:
(1) The land disturbance activity violates a condition or requirement of a grading permit, approved soil erosion and sediment control plan, standard erosion and sediment control plan with grading requirements for a single lot, or any provisions of this chapter;
(2) Written warning notice was furnished to the permittee or the representative of the permittee that listed corrective measures required, the time within which the corrections were to be made, and the permittee has failed to comply with the notice within the specified time;
(3) Land disturbance that requires a permit under this chapter has taken place without a valid permit;
(4) Required sediment control measures were not installed, inspected, and approved prior to the land disturbance;
(5) Inspection reveals the existence of any condition that creates a nuisance to life or the property of others; or
(6) Grading, filling, or construction of a permanent structure in a drainage and utility easement or a watercourse is occurring which may threaten adjacent properties.
(C) The county shall provide written notice to the permittee or a representative of the permittee and to the District when an inspection reveals a permit violation or a stop work order is issued. That notice shall specify the nature of the violation and, when applicable, the extent to which work is stopped and the conditions under which work may resume. The permittee is responsible for the actions of agents of the permittee and shall notify those agents when a stop work order is issued that will affect an area within which the agents are to work.
(D) In addition to the conditions of divisions (A) and (B) above, a civil penalty may be issued to any person in violation of this chapter after the date specified for corrective action in the notice of violation. Payment of the penalty shall not be in lieu of correction of the violation.
(E) A person may not continue or permit the continuance of work in an area for which a stop work order has been issued, except work required to correct a permit violation.
(F) No other grading permit or grading approval may be issued to an applicant when it is determined that the applicant is not in compliance with the provisions of any active grading permit or approved soil erosion and sediment control plan.
(G) Nothing in this section shall be interpreted as restricting the county from proceeding directly with alternative enforcement procedures provided in § 152.999.
(2004 Code, § 121-36) (Ord. 2012-09, passed 12-11-2012) Penalty, see § 152.999
(A) There is hereby established a Grading, Erosion, and Sediment Control Fund (“the Fund”) to be administered by the Department of the Comptroller, or its successor agency.
(B) All penalties, fines, fees, and interest paid pursuant to this chapter shall be deposited in the Fund. All money deposited in the Fund shall be used for implementation of this chapter
(2004 Code, § 121-38) (Ord. 2012-09, passed 12-11-2012)
In addition to and not in substitution for any other penalties or remedies available herein, the county, any adjacent property owner, or any person affected by the violation of the provisions of this chapter may institute an action for injunction to require compliance with the provisions of this chapter or any permit issued hereunder, or to prohibit a violation of the provisions of this chapter. In addition, the county may institute any other appropriate action and may recover the cost of enforcement, including reasonable attorneys’ fees, against any person who violates the provisions of this chapter.
(2004 Code, § 121-39) (Ord. 2012-09, passed 12-11-2012)
If any portion, section, division, sentence, clause, or phrase of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this chapter, it being the intent of the county that this chapter shall stand, notwithstanding the invalidity of any portion, section, division, sentence, clause, or phrase hereof.
(2004 Code, § 121-41) (Ord. 2012-09, passed 12-11-2012)
(A) Violations.
(1) 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 $10,000 or imprisonment not exceeding one year of both for each violation, with costs imposed in the discretion of the court. Each day that a violation continues shall be a separate offense.
(B) Additional penalties; civil penalties.
(1) 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.
(2) Any person who violates a provision of this chapter or fails to comply with any of the requirements of this chapter, will be subject to all necessary corrective actions. If satisfactory actions toward complying with corrections required in the Notice of Violation (NOV) are not made by the owner within 30 days after issuance of the NOV, the county may seek a court order granting authority to enter onto the property and perform the work necessary to correct the violation and the county may recover the cost of the work and civil penalties 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.
(3) The county may seek a civil penalty of not more than $10,000 per day for each violation. Each day that a violation continues shall be a separate offense.
(4) A county or municipal agency that recovers penalties in accordance with this chapter shall deposit them in a special fund, to be used solely for:
(a) Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and
(b) Administration of the sediment control program.
(Ord. 2018-10, passed 11-29-2018)