(A) Stop work order.
(1) The city shall post a stop work order if:
(a) Any land-disturbing activity regulated under this chapter is being undertaken without a permit;
(b) The post construction stormwater plan is not being implemented in good faith; or
(c) The conditions of the permit are not being met.
(2) Upon appeal to the city's Board of Public Works, a stop work order or the revocation may be retracted.
(3) Ten days after posting a stop work order, the city may issue a notice of intent to the violator stating that 14 days after issuing the notice of intent the city may use the surety bond or impose civil penalties to perform the work necessary to provide compliance with this chapter.
(4) If, within five days after notification, a permit holder does not comply with the erosion and sediment control plan or permit conditions, the city shall revoke the permit.
(5) Any person violating any of the provisions of this chapter are subject to a forfeiture or fine of not more than $2,500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
(6) Compliance with the provisions of this chapter also may be enforced by injunction.
(B) Cease and desist orders. When the city finds that a person has violated, or continues to violate, or that the person's past violations are likely to recur, the city may issue an order to the person directing it to cease and desist all such violations and directing the person to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(3) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person.
(Ord. 2005-30, passed 8-23-2005)