The County Planning and Zoning Department or his or her duly authorized designees shall be responsible for the enforcement of this chapter and have the authority to issue notices of violation (NOVs), citations and levy fines, as described below.
(A) General. Enforcement procedures may be utilized if any of the following conditions exist:
(1) Structural and/or non-structural BMPs are not being installed or maintained per manufacturer’s specifications and/or the county;
(2) Construction is not in compliance with the approved storm water management plan;
(3) Maintenance of permanent storm water BMPs is not sufficient after construction; or
(4) Any of the conditions of this chapter are not being met.
(B) Enforcement procedures.
(1) For the purposes of this chapter, a NOV and/or citation is official by posting a copy of the notice of violation and/or citation on the construction site in reasonable proximity to a location where the violation is taking place. Additionally, a copy of the violation and/or order shall be mailed by first class mail, postage pre-paid, to the address listed by the responsible party on the operation and maintenance agreement. In the case of work for which there is no operation and maintenance agreement, a copy of the violation and/or order shall be mailed to the person listed as the landowner of the property.
(2) NOVs are the first level of enforcement and do not include a penalty or fine. Only one NOV will be issued for an offense before citations are utilized. An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced through a citation. Offenses enforced through a NOV must be corrected within five calendar days of the date of issuance or a citation will be issued.
(3) For violations where no operation and maintenance agreement has been recorded, the county will notify the property owner or responsible party and cooperate for resolution prior to enforcement. Should the responsible party not provide storm water structure maintenance or demonstrate a history of non-compliance of the same nature, the county may request the County Attorney to seek to obtain injunctive relief.
(4) Ten calendar days after issuing the citation, the county may issue a notice of intent to the responsible party, landowner or land user stating the county’s intent to perform work necessary to comply with this chapter. The county may go on the land and commence work after 14 days from issuing the notice of intent. The costs incurred by the county to perform this work shall be paid by the property owner or responsible party. The cost, plus interest at the rate authorized by the county, plus a reasonable administrative and attorneys fee shall be billed to the property owner. Failure to reimburse the county within 30 days of billing will result in a lien being placed on the property.
(5) Compliance with the provisions of this chapter may also be enforced by injunction.
(6) The county is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the county is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the county shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by the county, plus a reasonable administrative and attorneys fee shall be billed to the property owner. Failure to reimburse the county within 30 days of billing will result in a lien being placed on the property. For the purpose of this chapter, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(Ord. 2-2018, passed 1-9-2018)