A. Stop-work order; revocation of storm water management plan approval. In the event that any person holding storm water management plan approval pursuant to this chapter violates the terms of the approval or implements site development in such a manner as to materially and adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city may suspend or revoke the site development approval by issuing a stop-work order. The stop–work order shall be served upon any person engaged in the accomplishment of such construction activity. The construction activity so affected shall be stopped forthwith and until such future time as authorization to resume work is granted by the Engineering Department.
B. Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Occupancy certificates and building permits shall not be issued in a development in which the holder of the storm water management plan approval is found to be in violation of this chapter. Any person, partnership or corporation found to be in violation of this chapter may be fined fifty dollars per day per offence. All fines collected will be remanded to the storm sewer operating account numbered 101019319. In addition to any other penalty authorized by this section, if the Columbus Board of Public Works and Safety or the engineering department identifies violations of this chapter, such board or department shall give a five-day written notice to the applicant to bring the site into compliance. The notice shall be served by registered mail addressed to the applicant. If the applicant shall fail to bring the site into compliance within the time prescribed, after receiving the notice, then the Columbus Board of Public Works and Safety shall proceed to bring the site into compliance. The controller shall make a certified statement of the actual cost incurred by the city to bring the site into compliance. The statement shall be delivered to the applicant by registered mail, and the applicant shall pay the amount due to the city controller. If the applicant fails to pay the amount within ten days after receiving the statement, a certified copy of the statement of costs shall be filed in the office of the Auditor of Bartholomew County. The Auditor of Bartholomew County shall place the amount claimed on the tax duplicate against the property affected by the work and the amount shall be collected as taxes are collected and shall be disbursed to the controller who shall deposit the funds in the account from which the funds were expended.
C. Show cause hearing. At anytime, a show cause hearing may be ordered if this protocol is unclear or inadequate to address specific violations. (Ord. 33-2023, 2023; Ord. 08-29, 2008)