(A) Written notification. In the event the city or a regulatory agency determines the installation or maintenance of the storm water management facility violates the provisions of this subchapter, Rule 13, the storm water standards or the terms of the storm water management approval, the Frankfort Building Inspector shall mail or deliver a written notice of non-compliance to the property owner at such owner's address as shown by the records of the Center Township Assessor's Office.
(B) Non-compliance during construction.
(1) Upon receipt of a written notice of violation during construction, persons receiving a notice of violation must halt all construction activities if the notice is accompanied by a "stop work" order also issued by the Frankfort Building Inspector's Office. A "stop work order" shall be in effect until the City of Frankfort, Building Inspector's Office confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil or monetary penalties in accordance with the enforcement measures authorized in this ordinance.
(2) Following a written notice of violation during construction, the property owner shall have 14 days following receipt thereof to correct the deficiency. In the event the deficiency is not corrected within this period, the Board of Public Works and Safety, upon recommendation of the Frankfort Building Inspector, may assess a fine of not less than $25 and not more than $500 per deficiency to the property owner. Each day such violation exists shall constitute a separate violation. The Building Inspector of the city may also suspend or revoke an improvement location permit for non-compliance with this subchapter.
(3) Maintenance non-compliance after construction. Upon receipt of written notice of a maintenance violation, the owner of the property shall have 30 calendar days from the date of mailing such notice to correct the deficiency. In the event the deficiency is not corrected within this period, the Board of Public Works and Safety of the city, may assess a fine of not less than $25 and not more than $500 per deficiency. Each day such violation exists shall constitute a separate violation. In the event the deficiency is not corrected after 60 calendar days from the notice of maintenance violation, the city may correct a violation by performing all necessary work to place the facility in compliance. The city, through its Board of Public Works and Safety, may assess the owner(s) of the facility for the cost of repair and remedial work. The city shall mail and invoice for its costs incurred in performing the repair and remedial work to the property owner. If such invoice is not paid within 30 days of such mailing, the city may certify such costs to the Clinton County Auditor to be placed on the tax duplicate for collection as taxes. The cost of the work and any administrative costs in connection therewith shall be a lien on the property.
(Ord. CO-05-08, passed 10-24-04)