§ 53.999 PENALTY.

   (A)   General. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Violations. The following acts, conditions, and circumstances are violations of this ordinance and subject to enforcement, penalties, and fines under §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter:

         (a)   An act, a series of acts, or a group of acts that contradicts the requirements, provisions, and regulations of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter;

         (b)   A condition, a series of conditions, or a group of conditions that exists in contradiction to the requirements, provisions, and regulations of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter;

         (c)   Each act and each condition that contradicts or is in contradiction to a requirement, provision, and regulation of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter constitutes a separate and single violation; and

         (d)   Each day that a violation exists constitutes a separate violation and is subject to penalty or prosecution.

      (2)   Penalty procedures. The Town of Chandler Engineer and Storm Water Department Manager will employ the following procedures with regard to assigning penalties to enforce the requirements, provisions, and regulations of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter.

         (a)   First violation. The initial determination of a violation or group of violations at a project site. Upon ascertaining and documenting the occurrence of a first violation at a project site, the Town of Chandler Engineer or Storm Water Department Manager, project site inspector, or authorized representative of the Town of Chandler Engineer or Storm Water Department Manager will make a corrective recommendation to the appropriate individual or individuals responsible for correcting the violation, together with a notice that the correction must be accomplished within 10 working days after the issuance of the notice to prevent the citation of a second violation with regard to the same condition or conditions that caused the first violation.

         (b)   Second violation. The determination that after 10 working days past the notification of a first violation, the condition or conditions constituting the first violation remain uncorrected or otherwise not compliant with the requirements, provisions, and regulations of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. Upon ascertaining and documenting the occurrence of a second violation at a project site, the Town of Chandler Engineer or Storm Water Department Manager will issue a non-compliance citation to the appropriate individual or individuals responsible for correcting the violating condition or conditions, together with a notice that the correction must be accomplished within 5 calendar days from the date of the noncompliance citation, and the potential for personnel or a contractor employed by the Town of Chandler complete work to correct the violating condition or conditions at the project site. The civil penalty for the noncompliance citation of a second violation will be $200. If the penalty is not paid within 30 days, the citation may be enforced in Court by any remedy allowed by law, and an action or any other remedy allowed by law, including filing a lien on the project site, may be maintained to recover the costs of corrective measures employed by the Town of Chandler in addition to the fine or penalty referred to above. Should the Town of Chandler resort to collection procedures, it shall be entitled to recover a reasonable attorney fee for the collection procedures.

         (c)   Third violation. The determination that any time after a specified or reasonable period for the correction of a second violation has elapsed, the condition or conditions constituting the second violation remain uncorrected or otherwise not compliant with the requirements, provisions, and regulations of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. Upon ascertaining and documenting the occurrence of a third violation at a project site, the Town of Chandler Engineer or Storm Water Department Manager will issue a second noncompliance citation to the appropriate individual or individuals responsible for correcting the violating condition or conditions, together with a notice that the project site is subject to a stop work order issued by the Town of Chandler Building Department Administrative Official or other agency with the authority to stop work at the project site, and the potential for the immediate employment of personnel or a contractor employed by the Town of Chandler to complete work to correct the violating condition or conditions at the project site. The civil penalty for the second noncompliance citation will be $500. If the penalty is not paid within 30 days, the citation may be enforced in Court by any remedy allowed by law, and an action or any other remedy allowed by law, including filing a lien on the project site, may be maintained to recover the costs of corrective measures employed by the Town of Chandler in addition to the fine or penalty referred to above. Should the Town of Chandler resort to collection procedures, it shall be entitled to recover a reasonable attorney fee for the collection procedures.

         (d)   Deadlines. The Board, the Town of Chandler Engineer or Storm Water Department Manager reserve the right to assign a deadline for corrective action, impose a stop work order, or work to complete corrective measures on a schedule or by a deadline accelerated or shortened comparatively to the schedule or deadline assigned in this section for correcting a violating condition if an accelerated schedule or deadline is required to protect life or property from an eminent and severe threat of loss or damage.

         (e)   Corrective measurers. The Board, the Town of Chandler Engineer or Storm Water Department Manager may perform or cause to be performed, the work as necessary to accomplish corrective measures at a project site by employees of the Town of Chandler or by a contractor hired to perform the work.

         (f)   Stop work order. A stop work order issued pursuant to this section and §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. shall not be rescinded until all recommended corrective measures have been completed and the Town of Chandler or its contractor has been paid for all costs incurred.

         (g)   Liability. Any project site owner, individual lot operator, contractor, subcontractor, property owner, or other person or persons responsible for construction activities at a project site who violate the terms, requirements, provisions, or regulations of §§ 53.001 et seq., §§ 53.020 et seq., and §§ 53.045 et seq. of this chapter are liable for the costs of removal of sediment and other storm water pollutants deposited in any right-of-way, drain, storm sewer, drainage easement, Town of Chandler maintained or controlled property and any and all other corrective action required to restore the property to a condition equal to or better than the condition prior to a violation. The costs may be pursued in court and/or filed as a lien against the property pursuant to I.C. 36-1-6-2, or under any other state law.

      (3)   Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the Town of Chandler Engineer or Storm Water Department Manager to the Board. The notice of appeal must be received by the Town of Chandler Engineer or Storm Water Coordinator within 10 working days from the date of the notice of violation. Hearing on the appeal before the Board shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the Board shall be final.

(Ord. 2006-6, passed - -)

   (C)   Further violations.

      (1)   A person who violates §§ 53.070 et seq. shall be subject to the following penalties:

         (a)   First offense: $100;

         (b)   Second offense: $1,000; and

         (c)   Third or subsequent offense: $2,500.

      (2)   Each day that a violation exists shall constitute a separate violation.

      (3)   In addition to the monetary penalties provided in division (C)(1) above, a court, upon application of the Town of Chandler, may enter injunctive relief to prevent future violations of §§ 53.070 et seq.

(Ord. 2004-4, passed 3-1-2004; Am. Ord. 2008-10, passed 11-17-2008)