When an erosion or sediment control incident is reported to the Town Council or its agents, the procedures set out below will be followed.
(A) The SWCD, or their representatives or authorized agents of the town, are authorized to enter the site for the purpose of investigating noncompliance reports and to verify compliance measures. If entry is denied by the property owner, a court order may be sought and obtained by the SWCD or their representatives to permit such entry upon the property.
(B) A SWCD representative will investigate the incident at the site and make corrective recommendations to the property owner or the property owner’s agent.
(C) After corrective recommendations have been made, the SWCD will conduct an inspection to determine compliance or noncompliance. If the site is found to be in compliance, no further enforcement action will be taken.
(D) The property owner of a noncompliance site will be issued a notice by a SWCD representative informing the property owner that the site must be brought into compliance within ten days of the date on which the notice is mailed or delivered to the property owner.
(E) After the ten working days’ notice has expired, a SWCD representative will conduct a second inspection of the property to determine compliance. If the site is found to be in compliance, no further enforcement action will be taken.
(F) If, after the second site inspection, continued noncompliance is determined, the Town Council will issue a noncompliance citation to the property owner. The civil penalty for the first citation will be as set out in § 151.99 of this chapter.
(G) After the first citation has been issued, a SWCD representative will conduct a third inspection to determine compliance. If the site is found to be in compliance, no further enforcement action will be taken.
(H) If, after the third site inspection, continued noncompliance is determined, the Town Council will issue a second noncompliance citation to the property owner. The civil penalty for the second citation will be as set out in § 151.99 of this chapter.
(I) If a second citation is issued, a stop-work order for the noncompliance site will also be issued, and the Town Council may contract to have the recommended corrective measures completed at the expense of the property owner.
(J) (1) If it is necessary for the Town Council to contract to have the recommended corrective measures completed as a result of a violation of this subchapter, the property owner shall, following written notice, pay the cost of any such work performed within ten days from the date of such notice.
(2) If the property owner does not pay the cost of such work within ten days from the date of written notice to pay, the Town Council shall pay the contractor who performed the work, and all costs incurred by the Town Council shall be entered on the tax duplicate for the property on which the noncompliance site is located, and the total amount of liability shall be subject to interest, penalty and collection in the same manner as all other special assessments.
(K) Any stop-work order issued pursuant to this section shall not be rescinded until all recommended corrective measures have been completed and either the contractor employed by the Town Council has been paid by the property owner or the Town Council has been reimbursed for all its expended costs.
(Ord. 1997-2, passed 6-10-1997)