(A) Powers. The Board shall proceed with enforcement action under the authority of this chapter. The county’s Stormwater Board directs the employees of the county to utilize the rules, procedures, duties, and powers authorized by statute in enforcing this chapter. The Stormwater Coordinator shall have primary responsibility to administer and enforce the provisions of this chapter.
(B) Remedies not exclusive. The various remedies provided for in this chapter are not exclusive of each other, or any other remedies available under any applicable federal, state, or local law, and it is within the discretion of the county to seek cumulative remedies.
(C) Notice of violation (NOV). The Board shall deliver a notice of violation of this chapter to one or more individual parcel owners if a violation of the requirements is discovered. That notice shall provide the individual parcel owner with a description of the violation and give an opportunity to remedy the violation within 45 days. If, within 45 days after issuance of an NOV, an individual parcel owner does not comply with the requirements of this chapter, the Board may seek enforcement of the requirements of this chapter and seek fines, as provided below and further described in § 152.999. Each day a violation exists shall constitute a separate offense. However, subsequent continuing violations are not entitled to a separate NOV.
(D) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused, or permitted to exist, in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken; in an emergency situation, the county representatives reserve the right to enter any individual parcel or site to perform maintenance or repairs, as required. After the grace period required by the notice of violation, the county representatives reserve the right to enter any individual parcel or site to verify compliance.
(E) Cost of abatement of the violation. Within 30 days after the abatement of the violation, the owner of the property should be notified, in writing, of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days from the date of the cost of abatement notification letter.
(1) If the amount due is not paid within a timely manner, as determined by the decision of the county, or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(2) Any person violating any of the provisions of this chapter shall become liable to the Board by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the legal rate of judgments shall accrue on the balance beginning on the first day following discovery of the violation.
(F) Injunctive relief. It shall be unlawful for any person to violate any provision, or fail to comply with any of the requirements, of this chapter.
(1) If a person has violated, or continues to violate, the provisions of this chapter, the Board may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations, or compelling the person to perform abatement or remediation of the violation.
(2) This remedy is in addition to, not as an alternative to, the fines and corrective measures that may be undertaken, as provided for elsewhere in this chapter.
(G) Judicial review. Violations of this chapter can be enforced by an action being filed in any court in the county having jurisdiction to issue an injunction and impose fines and other remedies provided for hereunder.
(Ord. 2019-25, passed 10-15-2019)