(A) A person who receives a citation may elect to stand trial for the offense by indicating on the citation his or her intent to stand trial and returning a copy of the citation to the Stormwater Superintendent. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and additional monetary fines prescribed in § 53.73 shall be stayed upon receipt of the notice. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the City Attorney in a court of competent jurisdiction in Montgomery County, Indiana. The matter shall be scheduled for trail, and a summons and order to appear shall be served upon the defendant.
(B) If a person who receives a citation fails to pay the assessed fine within 72 hours and fails to give notice of his or her intention to either file a petition as prescribed in § 53.74, file an appeal as prescribed in § 53.74, or stand trial as prescribed above, the City Attorney may file a civil lawsuit as prescribed by applicable laws and ordinances, and seek penalties as prescribes in this section.
(C) A person adjudged to have committed civil stormwater drainage and sediment control violation is liable for the court costs and fees. No costs shall be assessed against the enforcement agency in any such action. Any person who violates this subchapter or fails to comply with any of its requirements shall, upon conviction, thereof be fined $2,500 and, in addition shall pay all costs and expenses involved in the case, including but not limited to mediation costs, court costs, coverage or reasonable attorney fees, short-term and long-term mitigation of damages, and restoration and restitution. Each day such violation continues shall constitute a separate offense.
(Ord. 2-2010, passed 3-8-10)