(A) Penalties generally.
(1) Any person who has been found to have violated of any provision of this chapter may be assessed a civil penalty not to exceed the amount the lessor of that set forth in this division (A) or the maximum amount permitted by law.
(2) The penalty shall increase by 25% of the previous penalty amount for every subsequent but separate offense made by the same person. This penalty shall be in addition to other enforcement actions of this division (A) and § 153.08.
(3) The penalty may be assessed for each day that the prohibited activity continues beyond those schedules set forth in compliance orders or other abatement schedules issued to the property owner or other person responsible by the town.
(4) In determining the amount of the penalty, the Court shall consider the following:
(a) The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The cumulative effect of other enforcement actions applied for the same offense; and
(h) The prior record of the violator in complying or failing to comply with the storm water quality management program; and
(I) The costs of enforcement to the town.
(5) A civil penalty of not more than $2,500 may be assessed for the following offenses:
(a) Development without permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon, subject to the jurisdiction of this chapter without all required permits, certificates or other forms of authorization as set forth in this chapter.
(b) Development inconsistent with permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.
(c) Violation by act or omission. To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the town upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon.
(d) Illicit discharge. To improperly dispose of any substance defined as an illicit discharge.
(e) Household products. To improperly dispose of any substance not included in this division (A) or § 153.08 that was purchased over-the-counter for household use, in quantities considered normal for household purposes, which upon discharge to the MS4 or drainage network would have an adverse impact on water quality or cause the town to be in noncompliance with any applicable environmental permit.
(6) In the event there are penalties assessed by the state against the town and resulting from a violation of this chapter, the person responsible for such violation may be assessed the lessor of the amount of the penalty assessed as against the town or $2,500.
(2) The penalty shall increase by 25% of the previous penalty amount for every subsequent but separate offense made by the same person. This penalty shall be in addition to other enforcement actions of § 153.42 and this division (B).
(3) The penalty may be assessed for each day that the prohibited activity continues beyond those schedules set forth in compliance orders or other abatement schedules issued to the property owner, or other person responsible, by the town.
(4) In determining the amount of the penalty, the Court shall consider the following:
(a) The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The cumulative effect of other enforcement actions applied for the same offense;
(h) The prior record of the violator in complying or failing to comply with the storm water quality management program; and
(I) The costs of enforcement to the town.
(5) A civil penalty of not more than $2,500 may be assessed for each of the following offenses:
(a) Development without permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon, subject to the jurisdiction of §§ 153.25 through 153.42 without all required permits, certificates, or other forms of authorization as set forth in this §§ 153.25 through 153.42;
(b) Development inconsistent with permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity; and
(c) Violation by act or omission. To violate, by act or omission, any term, variance, modification, condition or qualification placed by the town or its designated representative upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon.
(Ord. G-12-02, passed 1-17-2012)