(A) Enforcement of this subchapter shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. The town shall reserve the right to interpret enforcement on a case by case basis.
(B) Tiered enforcement will be practiced at the department head’s discretion. The tiered enforcement may include:
(1) Verbal warning to the construction site operator to make corrections;
(2) Written warning to the construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions and the level of effort necessary to correct the problem;
(3) Warning of noncompliance with directions to the construction site operator that site conditions require immediate action; and
(4) Stop work order.
(C) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(Ord. 08-01, passed 4-7-2008)