(A) (1) If the Director of Public Works determines that work performed for new development and redevelopment fails to conform to the approved application, or that the work has not been performed, the Director of Public Works may direct conformity by sending written notice of violation (NOV) to the property owner, operator, or other responsible person. Such notice of violation will be in accordance with the Manual. The actions of the Director of Public Works may include:
(a) Issuing a written order to comply, to suspend work, or to revoke the approval;
(b) Withholding or revoking other permits related to the site;
(c) Withholding the release of permanent electric power to the site or certificate of occupancy; and/or
(d) Seeking redress through legal action.
(2) The NOV shall serve as notice to remove the violation(s). The NOV shall be provided to the owner, operator, or person responsible for the land disturbing activities stating the nature of the violation, the amount of time to correct deficiencies, the date on which an inspection will be made to ensure that corrective action has been performed, and the applicable penalty or fine if corrective action is not taken by the inspection date. After the issuance of the NOV, the Director of Public Works may issue a uniform summons citation in accordance with the Manual.
(B) When the Director of Public Works determines that an owner, operator, or other responsible person has failed to maintain a stormwater system or facility, the NOV shall be provided to the owner, operator, or other responsible person stating the nature of the violation, the amount of time in which to correct deficiencies, the date on which an inspection will be made to ensure that corrective action has been performed, and the applicable penalty or fine if corrective action is not taken. It shall be sufficient notification to deliver the notice in accordance with the Manual.
(C) When the Director of Public Works determines that an owner, operator, or other responsible person of any property is causing or partially causing flooding, erosion, or is in non- compliance with water quality standards or this subchapter, the Director of Public Works may require the owner, operator, or other responsible person to remedy the violation and restore the impacted property. A NOV will be issued in accordance with the Manual.
(D) This subchapter may be enforced by any remedy at law or in equity available to the Director of Public Works under any federal and state laws and regulations. The penalties and remedies provided in this subchapter are cumulative and not exclusive, and may be independently and separately pursued against the same person for the activity constituting a violations.
(Ord. 23-07, passed 9-25-07) Penalty, see § 53.99