(A) Any person or owner determined by the Administrator, or a court having jurisdiction, to be in violation of any of the provisions of this chapter, except as required or mandated by any state and/or federal agency having concurrent or superior regulatory jurisdiction, shall be fined not less than $100 and not more than $1,000 for each violation. Each day the violation continues shall be deemed a separate offense.
(B) Procedure for the enforcement and penalty for failure to comply with this chapter shall be in accordance with Chapter 166 of the City Code of Danville, Illinois.
(C) The city reserves the right to seek any and all additional legal remedies allowed by the state statutes and other city codes, against an owner deemed to be in violation of this chapter, including but not limited to personal judgments, and the recovery of all administrative costs incurred as part of the enforcement proceedings.
(D) Stop-work orders.
(1) The Administrator may require that all work on a site which is being performed contrary to the provisions of this article or is being performed in an unsafe or dangerous manner, shall be immediately stopped. Stop-work orders do not include work related to the installation or maintenance of erosion control devices that are a part of bringing the site back into compliance under this chapter. The Administrator may issue a stop-work order for the entire project or any specified part thereof if any of the following conditions exist:
(a) Any land disturbance activity regulated under this chapter is being undertaken without a permit.
(b) The erosion and sediment control plan is not fully implemented.
(c) Any of the conditions of the permit are not being met.
(d) The work is being performed in a dangerous or unsafe manner.
(e) Refusal to allow entry for inspection.
(2) The stop-work order shall be in writing and shall be posted and served upon the permittee, as provided below. In addition, a copy of the stop-work order may be given to any person in charge of or performing work on drainage improvements in the development, or to an agent of any of the foregoing. The stop-work order shall state the conditions under which work may be resumed. No person shall continue any work after having been served with a stop-work order, except such work as is directed to be performed to remove a violation or dangerous or unsafe condition, as provided in the order.
(3) For the purposes of this section, a stop-work order is validly posted by posting a copy of the stop-work order on the site of the land disturbing activity in reasonable proximity to a location where the land disturbing activity is taking place. A copy of the order, in the case of work for which there is a permit, shall be mailed by first class mail, postage prepaid, to the address listed by the permittee on the permit. In the case of work for which there is no permit, a copy of the order shall be mailed to the person to whom real estate taxes are assessed, or if none, to the taxpayer shown by the records of the county assessor.
(4) If the permittee does not immediately cease land disturbance activity upon posting of the stop-work order or comply with the erosion and sediment control plan or permit conditions within one day, the City Engineer may revoke the permit.
(5) If the owner or land user where no permit has been issued does not cease the land disturbance activity, the City Engineer may request the City Attorney to obtain injunctive relief.
(6) The Administrator may retract the revocation.
(7) Ten days after posting a stop-work order, the Administrator may issue a notice to the owner and permittee of the Administrator’s intent to perform the work necessary to prevent erosion and institute sediment control. The Administrator may go on the land and commence work after 14 days from issuing the notice. The costs incurred by the Administrator to perform this work shall be paid by the owner or permittee. In the event no permit was issued, the costs, plus a reasonable administrative fee, shall be billed to the owner.
(8) Compliance with the provisions of this chapter may also be enforced by injunction.
(9) If at any time conditions of the site warrant emergency actions the Administrator shall be allowed to respond appropriately to prevent harm to public safety, harm to public health, or damage to property.
(E) Enforcement of notice of violation and stop-work orders.
(1) A complaint may be filed with the circuit court for any violation of this chapter. A separate violation shall be deemed to have been committed on each day that the violation existed.
(2) In addition to other remedies, the City Attorney may institute any action or proceeding which:
(a) Prevents the unlawful construction, alteration, repair, maintenance, or removal of drainage improvements in violation of this chapter or the violation of any permit issued under the provisions of this chapter;
(b) Prevents the occupancy of a building, structure, or land where such violation exists;
(c) Prevents any illegal act, conduct, business, or use in or about the land where such violation exists;
(d) Restrains, corrects, or abates the violation.
(3) In any action or proceeding under this section, the City Attorney may request the court to issue a restraining order or preliminary injunction, as well as a permanent injunction, upon such terms and conditions as will enforce the provisions of this chapter. A lien may also be placed on the property in the amount of the cleanup costs.
(Ord. 9098, passed 5-16-17)