(A) Violations. Any failure to meet the requirements of this chapter, Rule 5, the state erosion and sediment control manual, and any applicable storm water pollution prevention plan or any commission of an act prohibited by this chapter, Rule 5, or the state erosion and sediment control manual within the corporate boundaries of the city constitutes a violation of this chapter and may be enforced in accordance with the terms and conditions of this chapter.
(B) Notice of violation.
(1) Whenever the Department determines that a violation of this chapter has occurred, the Department may take 1 or more of the following actions:
(a) Notify the person who committed the act or failed to meet the requirements of this chapter by telephone and request compliance or cessation of the prohibited act.
(b) Notify the person who committed the act or failed to meet the requirements of this chapter in writing and order compliance or cessation of the prohibited act.
(c) Enter into an agreed order with the approval of the Board which order may include payment of a civil penalty pursuant to § 160.99.
(d) Issue a stop work order until all corrective measures have been completed.
(e) File a notice of violation before the Board describing the violation of this chapter found by the Department.
(f) File a complaint in a court of competent jurisdiction within Elkhart County seeking a judicial determination that this chapter has been violated and requesting the imposition of fines.
(2) If the Department takes any authorized action and taking such action does not result in compliance with this chapter, the Department may take any other authorized action to obtain compliance.
(3) The Department may file a complaint with a court of competent jurisdiction to enforce the terms of an agreed order or an order of the Board.
(4) Filing a notice of violation is not a prerequisite to filing a complaint alleging a violation before a court of competent jurisdiction within Elkhart County.
(5) Any written notice of violation shall be issued upon the responsible party by Certified Mail to the responsible party unless the applicable ordinance or statute requires different written notice.
(C) Right to enter premises.
(1) The Department shall have the right to enter any premises for any of the following reasons:
(a) To investigate any construction site to determine the need for a stormwater clearance, compliance with the terms of a stormwater clearance issued by the SWCD, or compliance with the requirements of this chapter.
(b) To verify compliance with any agreed order, order of the Board, or order of any court of competent jurisdiction.
(2) If the Department has been refused access to any part of the premises for any permitted purpose and the Department is able to reasonably demonstrate to a court of competent jurisdiction within Elkhart County that there may be a violation of this chapter, the court may grant an order allowing the Department access to all relevant parts of a premises.
(D) Appeal of stop work order. Any person subject to a stop work order issued under this chapter within the city may appeal the stop work order by requesting a hearing before the Board. The request for a hearing must be made within 10 calendar days of the issuance of the stop work order.
(E) Board hearing.
(1) Before any Board hearing is held, the person alleged to have violated this chapter shall receive written notice of the violation including the nature of the violation and a summary of the facts that constitute that violation.
(2) Any person alleged to have violated this chapter has the right to have an attorney present to cross examine witnesses and has the right to present evidence and have witnesses testify.
(3) A person found to have violated this chapter has a right to appeal the determination of the Board to a court of competent jurisdiction within 20 calendar days of the action of the Board by filing a verified complaint. The court may affirm, modify, or reverse the action taken by the Board. Any such appeal shall be heard de novo.
(Ord. 5034, passed 6-4-2007)