(a) The City of Danville shall be responsible for the enforcement of this article. The City Engineer or their duly authorized representative have the authority to issue notices of violation, stop work orders, and levy fines as described below.
(1) A notice of violation and/or stop-work order may be posted for the entire project or any specified part thereof if any of the following conditions exist:
a. Any land disturbance activity not regulated by permit but has runoff creating erosion.
b. Any land disturbance activity regulated under this article that is being undertaken without a permit.
c. The SWPPP is not being fully implemented.
d. Any of the conditions of the grading permit are not being met.
(2) For the purpose of this article, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(3) Written Notice of Violation (NOV). Whenever the City Engineer finds that a person has violated a prohibition or has failed to meet a requirement of this article or the grading permit, the City Engineer may order compliance by sending a written NOV to the permittee. All violations shall be corrected within the time period specified in the notice, but in no case shall such time period be less than twenty-four (24) hours. The NOV shall be mailed to the permittee at the last known address, or by personally serving, or by causing to be personally served, the permittee with a written NOV. A NOV's is the first level of enforcement and do not include a penalty, or fine. Only one NOV will be issued for an offense before stop work orders are utilized. An offense of the same nature as a previous offense, even if previously corrected under a NOV will constitute a second offense to be enforced through a stop work order.
(4) Stop Work Order (SWO). Offenses enforced through a NOV must be corrected within the timeframe indicated or a stop work order will be issued. SWO require that ALL project work is halted until the Land Disturbance Violation is corrected. SWO shall include a penalty, or fine, for each occurrence and payable to the City of Danville prior to release.
a. First SWO - Two hundred fifty dollars ($250.00) fine.
b. Second SWO - Five hundred dollars ($500.00) fine and permit revocation.
(5) If the permittee does not cease the activity or comply with the SWO conditions within five (5) calendar days. the City of Danville may revoke the permit. The City of Danville has the right to modify the timeframe for corrections based on the authorized representative's judgment due to project conditions.
(6) Upon revocation of permit, the permittee shall bring the site back into compliance prior to re-inspection by the City of Danville. If the site is found acceptable. the City of Danville will reinstate the permit upon receipt permit application fees.
(7) For violations where no land disturbance permit has been issued, the City of Danville will notify the responsible party and cooperate for resolution prior to enforcement. Should the responsible party not cease the land disturbance activity or demonstrate a history of non-compliance of the same nature, the City of Danville may request the City Attorney to seek to obtain injunctive relief.
(8) Six (6) calendar days after posting a stop-work order, the City of Danville may issue a notice of intent to the permittee, landowner, or land user stating the City of Danville's intent to perform work necessary to comply with this article. The City of Danville may go on the land and commence work after fourteen (14) days from issuing the notice of intent. The costs incurred by the City of Danville to perform this work shall be paid by the landowner or permittee out of the fiscal surety referred to in this article to the extent that the amount is covered thereby, with the remainder being directly due and owed by the landowner or permittee. In the event no land disturbance permit was issued, or no bond was posted, the cost, plus interest at the rate authorized by the City of Danville, plus a reasonable administrative and attorneys fee shall be billed to the owner. Failure to reimburse the City within thirty (30) days will result in a lien being placed on the property.
(9) Compliance with the provisions of this article may also be enforced by injunction.
(10) The City of Danville is authorized to require immediate abatement of any violation of this article that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the City of Danville is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Danville shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by the City of Danville, plus a reasonable administrative and attorneys fee shall be billed to the owner. Failure to reimburse the City within (30) days will result in a lien being placed on the property.
(11) The city may commence appropriate legal action and/or seek equitable relief, including injunctive relief, against any person who fails to comply with the provisions of this article. Any person who violates, neglects, omits or refuses to comply with any provision of this article shall, upon conviction, be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each offense. The time of violation shall be measured from the time written notice to correct is given to the owner. Each day a violation is maintained shall constitute a separate offense. Any recoverable cost of corrective action shall be in addition to fines imposed as a penalty. The imposition of any penalty shall not exempt the violator from compliance with the provisions of this article.
(Ord. No. 1674, 2-28-05; Ord. No. 1991, § 6, 4-25-22)