(A) If the county concludes that any part of the SES was not constructed in compliance with the details of the permit application, good utility practice or constitutes a danger to persons or property, then upon notice being provided by the Zoning Administrator, the applicant shall have 90 days to bring non-compliant SES(s) into compliance with the standards specified herein. If 90 days is insufficient time to cure the non-compliance, the applicant shall present a plan to the Zoning Administrator describing the reason for the delay and the time frame for the cure to be put in place. Failure to bring the non-compliant SES(s) into compliance or failure to provide a plan for compliance within 90 days shall constitute grounds for the county to demand removal of the SES(s) at the applicant's expense and all construction work on the SES(s) shall cease until the non-compliances are resolved to the satisfaction of the County Board.
(B) The applicant's, owner's, or operator's failure to materially comply with any of the provisions of this chapter shall constitute a default under this chapter.
(C) Prior to implementation of the existing county procedures for the resolution of such default(s), the Zoning Administrator shall first provide written notice to the owner and operator, setting forth the alleged default(s). Such written notice shall provide the owner and operator a reasonable time period, not to exceed 60 days, for good faith negotiations to resolve the alleged default(s).
(D) If the Zoning Administrator determines in its sole discretion that parties cannot resolve the alleged default(s) within the good faith negotiation period, the existing county ordinance provisions addressing the resolution of such default(s) shall govern.
(E) Penalties. Violations of any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provisions set forth in § 10.99.
(Ord. passed 11-28-2023)