(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)