929.05 FEES, PENALTIES, AND APPEALS.
   (a)   Fees.
      (1)   The Stormwater Management and Sedimentation Control Plan Review and Filing Fee Schedule are separate documents. The current schedule, as adopted by the City of Crestline, should be requested from the Stormwater Manager.
      (2)   Plan review fees and inspection fees for subdivisions and planned unit developments are included in the fee schedule prescribed by the Crestline Subdivision Regulations.
   (b)   Penalties.
      (1)   For violation of Section 929.04(i): "Failure to Obtain a Stormwater Management Permit":
         A.   First Offense: Notice of Violation;
         B.   Second Offense: Warning Letter providing ten (10) days to begin appropriate action and indicating that the matter will then be referred for legal action;
         C.   If building is involved, a stop-work order may be ordered, if deemed appropriate.
      (2)   For violation of Section 929.04 "Failure to Provide a Stormwater Management Plan":
         A.   First Offense: Notice of Violation including orders to stop work until the plan is approved, and requiring immediate remediation of earth-disturbing activities. Remediation shall take place as soon as possible, weather permitting.
         B.   If violator fails to begin appropriate action, the matter will then be referred for legal action.
      (3)   For Modification of an existing stormwater management facility or public watercourse, without prior approval of the Stormwater Manager:
         A.   First Offense: Notice of violation and orders to take corrective action;
         B.   Second Offense: $100.00 fine; plus, imposition of the provisions of subsection (b)(5) hereof regarding restoration.
      (4)   Any person, who fails to maintain a temporary silt control facility, as agreed upon, or as shown in the plans, shall be fined, as follows:
         A.   First Offense: Warning letter - Ordering an immediate stop of all work and remediation as soon as possible, weather permitting.
         B.   Second Offense: Warning letter indicating that the matter is being turned over to legal counsel.
      (5)   In addition to the fines imposed in subsection (b)(3) above, the owner/developer/builder allowing the discharge of silt-bearing water shall perform the following:
         A.   Correct the offending condition, by repairing, rebuilding, or by augmenting the prevention measures intended to control stormwater and carry it from the project site, within 24 hours; and
         B.   In the case of damage of private property, the O/D/B shall make arrangements with the owner whose property has been damaged, to correct the offending condition. Written confirmation, listing the corrective measures to be taken, must be provided to the Stormwater Manager; or,
         C.   In the case of damage to public property, such as roads, ditches, utilities, or any other property that is owned by the State, County, Township, or Municipality, it is required that the O/D/B remove, or otherwise clean up the offending material, to the full satisfaction of the public authority.
      (6)   Should the owner/developer/builder of projects, causing damage to private or public property by the uncontrolled discharge of silt and/or stormwater, fail to correct the problem as soon as possible, weather permitting, as directed by the Stormwater Manager, corrective action will be taken by the governing public authority with all costs being assessed to the permit holder.
      (7)   Notwithstanding the foregoing, a violation of any provision of these regulations shall be a minor misdemeanor and a subsequent violation within one year of the first, a misdemeanor of the fourth degree.
      (8)   In the event the violation poses a serious threat, Council may also authorize the Law Director to seek an injunction or other appropriate remedy to enforce these regulations. (Ord. 2787. Passed 11-26-07.)
CODIFIED ORDINANCES OF CRESTLINE