(A) Village’s inspection and maintenance authority. The village may, upon 30 days’ notice to the owner or occupant, enter upon any lands or waters within the village for the purpose of inspecting and/or maintaining any stormwater facilities or causing the removal of any obstruction to an affected watercourse.
(B) Required inspections. Any development constructed pursuant to a stormwater permit may be periodically inspected by the Village Engineer or his or her representative to ensure its conformity with this chapter and the terms and conditions of its permit.
(C) Offenses.
(1) Any person who violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of any provision of this chapter (ordinance violation), or any requirement or condition in any permit issued pursuant to this chapter (permit violation), and, in case of a permit violation, fails to correct such violation, omission, neglect or cease such disobedience, refusal, or resistance after notice and re-inspection as provided below, shall be guilty of an offense under this chapter.
(2) Whenever the Village Engineer determines that a permit violation exists, he or she shall serve notice of the violation in the manner prescribed in § 153.08
(C) to the permittee. Such notice shall state the nature of the violation and fix a date not less than ten days after the date of the notice when the site will be reinspected.
(D) Penalties, additional remedies.
(1) Any person found guilty of an offense under this chapter shall pay a civil fine in an amount not less than $100 nor more than $750. Each week the violation continues to exist shall constitute a separate offense.
(2) In addition to any fine imposed under this section, the Village Engineer may revoke any stormwater management permit issued to such person.
(3) In addition to any fine imposed or permit revocation undertaken pursuant to this section, the Village Engineer may issue an order requiring the suspension of any further work on the site. Such stop work order shall be in writing, shall indicate the reason for its issuance, and shall specify the action, if any, required to be taken in order to resume work. One copy of the stop work order shall be posted on the site in a conspicuous place and one copy shall be served in the manner prescribed in § 153.08
(C) upon the permittee, if any, or if none, upon the person in whose name the site was last assessed for taxes as disclosed by the records of the County Supervisor of Assessments.
(4) In addition to any fine imposed under this section, the village may recover all costs or expenses, including reasonable attorney fees, incurred in the enforcement of this chapter.
(5) In the enforcement of this chapter, the village may bring any action, legal or equitable, including an action for injunctive relief, as it deems necessary.
(Prior Code, § 4-4-7) (Ord. 2015-17, passed 8-3-2015)