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(a) All property located within the Village is subject to inspection by the Village and/or its authorized agent(s) to ensure compliance with the provisions of this title.
(b) Notice of Violation. When the Village finds that any person, entity, owner, occupant or facility has violated a provision or failed to meet a requirement of this title, the Village shall order compliance by written notice of violation. Such notice must specify the violation and shall be hand delivered and/or sent by certified mail to the owner/operator of the facility.
(1) If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. The notice of violation shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated. All costs of remediation shall be at the facility's owner's sole expense.
(2) Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation, unless an undue hardship is presented to the Village, and the Village grants additional time for abatement.
(c) Stop Work Orders.
(1) Upon notice from the Village and/or its authorized agent that work is being done contrary to this title, such work shall immediately stop. The Village Engineer shall provide written notice to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the Village and/or its authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(2) Subsequent to the issuance of a stop-work order, the Village may issue fines and/or enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The Village Engineer and/or his or her authorized agent, on behalf of the Village, may request the Law Director to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this title.
(4) After the issuance of a stop work order, but before the imposition of any fines, the applicant shall have five business days to request a meeting with the Law Director and Village Engineer to show cause why work should not be stopped.
(5) Following the issuance of a stop-work order, the Village shall determine if and when the development may proceed. Any determination by the Village pursuant to this section is a final order for purpose of judicial review.
(6) The imposition of any other penalties provided herein shall not preclude the Village instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or chapters, or the orders of the Village.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)
(a) Whoever violates or fails to comply with any provision of this title is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000) or imprisoned for no more than 180 days, or both, for each offense.
(b) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) The imposition of any other penalties provided herein shall not preclude the Village, by or through its Law Director and/or any of his or her assistants, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the Village Engineer.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)
(a) Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village of Cuyahoga Heights or its representatives in relation to this title may appeal such order, requirement, determination or other action to the Village Board of Zoning Appeals. The appeal shall be initiated by filing with the Secretary of the Board a written appeal, setting forth the determination appealed from, the pertinent facts and grounds for the appeal, and the relief desired. Unless otherwise specified in a specific provision of this title, such appeal shall be made within thirty days of the date of an order or decision.
(b) All procedural and substantive requirements for the content of the appeal, the issuance of the notice hearing, and deciding of applications for variances shall be in accordance with the provisions contained in Chapter 1242.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)
Any approvals issued in accordance with this title do not relieve the person/entity of responsibility for obtaining all other necessary permits and/or approvals from other Federal, State, and/or county agencies. If requirements vary, the most restrictive shall prevail. Additional required permits may include, but are not limited to, those listed below.
(a) Ohio Environmental Protection Agency National Pollutant Discharge Elimination System. Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant's notice of intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this chapter.
(c) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this chapter.
(d) Section 404 of the Clean Water Act. Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an individual permit is required for the development project. If an individual permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this chapter.
(e) Ohio Dam Safety Law. Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)
The Village Engineer shall establish a schedule of deposits, fees, charges, expenses, and collection procedure for all matters pertaining to this title. The schedule of fees shall be posted at the applicable Village of Cuyahoga Heights offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)