(A) The Stormwater Superintendent and/or his or her duly authorized designees, may issue a civil stormwater drainage and sediment control violation to a person who commits a civil stormwater drainage and sediment control violation to the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs. The citation may be served by personal service, by certified mail, or by a placement in a conspicuous place on the property where the violation occurs and shall serve as notice to a person that he or she has committed a civil stormwater drainage and sediment control ordinance violation.
(B) No citation shall be issued for the first offense unless the person who commits a civil stormwater drainage and sediment control violation, or the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs has been issued a warning ticket before the issuance of the citation to allow said person to correct the violation to come into compliance with the prescribed stormwater drainage and sediment control ordinance or regulations.
(C) A person who receives a warning ticket or a citation may either choose to abate the violation or file a petition for a drainage plan, a stormwater drainage and sediment control ordinance waiver, or other means provided by this subchapter to correct the violation, as prescribed below. A person who elects to file such a petition shall indicate this intent in writing to the issuing agency. A person shall have ten working days after issuance of the warning ticket to file the petition, and additional monetary fines as prescribed in § 53.73 shall be stayed upon the filing of such petition, as long as the violation does not continue at the real estate. A person who files the petition within said time period shall pursue the petition in an expeditious fashion. If the petition is denied, withdrawn, or dismissed for want of prosecution, and the civil stormwater drainage and sediment control violation continues at the real estate, then a lawsuit will be commenced by the designated enforcement entity in a court of competent jurisdiction in Montgomery County, Indiana.
(D) If the violation is determined by the Stormwater Superintendent or its designee to be a threat to public health or safety, the Stormwater Superintendent or its designee may order the land use or activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.
(Ord. 2-2010, passed 3-8-10)