(A) Any activity that is commenced without compliance with this subchapter or is contrary to an approved plan as required by this subchapter shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.
(B) When the town determines that an activity is not being carried out in accordance with the requirements of this subchapter, the town will issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(1) The name and address of the owner or applicant.
(2) The street address when available or a description of the building structure or land upon which the violation is occurring.
(3) A statement specifying the nature of the violation.
(4) A description of the remedial actions necessary to bring the development activity into compliance with this subchapter and a time schedule for completion of such remedial action.
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(C) The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(D) Any violator may be required to restore land to its undisturbed condition. Notice shall set forth a deadline within which such remediation or restoration must be completed. In the event that restoration is not undertaken within a reasonable time after notice, the town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. Costs to the property owner may include:
(1) The performance of monitoring, analysis and reporting.
(2) The elimination of illicit connections and discharges.
(3) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
(4) Payment of costs for town administrative and remediation costs.
(5) Town’s cost for implementing source control or treatment BMPs.
(E) If abatement of a violation and/or restoration of affected property is required, the said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the town or a contractor will do the work and the expense thereof shall be charged to the violator.
(Ord. passed 11-11-05; Am. Res. passed 10-13-11; Am. Ord. passed - -)