(a) State Inspections. The Village Engineer, Building Inspector, or designees may access the site periodically to inspect stormwater management practices and facilities to evaluate compliance with the approved stormwater management plan.
(b) Enforcement. Any land disturbing construction activity or post-construction runoff initiated after the original effective date of this Chapter by any person, firm, association, or corporation subject to this Chapter's provisions shall be deemed a violation unless conducted in accordance with the requirements of this Chapter.
(c) Non-Compliance Notification. The Village Engineer shall notify the responsible party by U.S. mail or email of any non-complying land disturbing construction activity or post- construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.
(d) Corrective Work Upon Notification. Upon receipt of written notification from the Village Engineer under Subsection (b), the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village Engineer in the notice.
(e) Intervention by Village Engineer. If the violations to a permit issued pursuant to the Chapter are likely to result in damage to properties, public facilities, or waters of the state, the Village Engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Village Engineer plus interest and legal costs shall be billed to the responsible party.
(f) Stop Work Orders. The Village Engineer is authorized to post a stop work order on all land disturbing construction activity that is in violation of this Chapter, or to request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
(g) Permit Revocation. The Village Engineer may revoke a permit issued under this Chapter for non-compliance with ordinance provisions.
(h) Validity of Revocation Actions. Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Village Engineer or by a court with jurisdiction.
(i) Legal Proceedings. The Village Engineer is authorized to refer any violation of this Chapter, or of a stop work order or cease and desist order issued pursuant to this Chapter, to the Village Attorney for the commencement of further legal proceedings in any court with jurisdiction.
(j) Penalties. Any person, firm, association, or corporation who does not comply with the provisions of this Chapter shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00) per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
(k) Injunctive Relief. Compliance with the provisions of this Chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
(I) Violations Inspections. When the Village Engineer determines that the holder of a permit issued pursuant to this Chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Village Engineer or a party designated by the Village Engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village Engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to Section 15-3-11. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.