(A) Notice of violation; violation and remediation.
(1) The Planning Department(s) shall issue a Notice of Violation (NOV) for any site which is found to be in violation of the provisions of this subchapter or which is not in compliance with the conditions and specifications imposed for issuance of a permit for land disturbing activities. This notice shall be in writing and shall be sent by certified mail or given in person to the responsible party and the landowner. It shall enumerate the specific violations, which exist, and the actions, which must be taken to bring the site into compliance with the provisions of this subchapter or the conditions and specifications of the permit. The responsible party and/or landowner shall have three business days from the date of this notice to bring the site into compliance with the provisions of this subchapter and the specifications of the permit.
(B) Enforcement options.
(1) (a) After the Notice of Violation (NOV) period has elapsed, Planning Department(s) shall reinspect the site to determine whether the violation has been cured. If it has not been fully cured, the town shall proceed against the responsible party and/or landowner by issuing a citation for violation ticket. This ticket (fine) shall be $100 per day from the date of the NOV and shall constitute a class D ordinance violation. Each day is a separate violation. In addition to fines, the town has the authority to pursue any or all of the enforcement options as set forth in this section.
(b) An appeal of a written notice of violation or citation of violation ticket must be made in writing, within five days of the date of the notice or citation to the Town Council, which shall issue its written findings. All appeals from written findings of the Town Council shall be made to the court within ten days.
(2) If the permittee does not cease the activity or comply with the control plan or permit conditions within 24 hours, the Planning Director may request that the appropriate town official revoke any permit, which has been issued for land disturbing activities at the site. Upon receipt of adequate notice that the site has been brought in compliance, the planning director may request that the appropriate town official retract the stop work order or revocation of permit.
(3) If the permittee does not cease the activity or comply with the control plan or permit conditions the Planning Director may request that the Town Attorney bring a civil action to enjoin the property with a temporary restraining order, preliminary injunction or permanent injunction to restrain a person from violating the ordinance or a condition of approval, requirement, or commitment imposed or made as a part of the approval process.
(4) If the permittee does not cease the activity or comply with the control plan or permit conditions the Planning Director may simultaneously with any other course of enforcement mentioned above, draw on the permittee's letter of credit, or other financial guaranty, as necessary, with permission of the Town Council to effect any remedial actions required to abate the violations.
(5) Where no permit has been issued, if the landowner or land user does not cease the activity within 24 hours after receipt of written demand by the Planning Director, the Planning Director may request that the Town Attorney bring a civil action to enjoin the responsible party or landowner from engaging in the prohibited activities and to require that the site be brought into compliance with the provisions of this subchapter. The town may also proceed against the responsible party and/or landowner by issuing a citation for violation ticket. This ticket (fine) shall be $100 per day from the date of the written demand by the Planning Director and shall constitute a class D ordinance violation. Each day is a separate violation.
(C) Emergency stop work order enforcement authority. In addition to the enforcement options provided in divisions (A) and (B), in cases where it is determined by the Town Engineer that the health, safety or welfare of the public is endangered, the Town Engineer or the Town Planning Director may, without giving notice to the responsible party or landowner, request that the Town Council issue a stop work order if:
(1) A provision of this subchapter is being violated;
(2) Any land disturbing or land developing activity regulated under this subchapter is being undertaken without a permit;
(3) The control plan is not being implemented in a good faith manner as determined by the Town of Ellettsville Planning Department;
(4) A pre-construction conference for sites greater than one acre prior to land disturbing activity has not occurred; or
(5) The conditions and specifications of the permit are not being met.
(Ord. 06-12, passed 6-26-2006)