(a) Upon determination that a Violation of any of the provisions of this article or the SWMP has occurred, the Director may give timely actual notice at the property where the violation has occurred or at the address of the permit holder and shall give written notice to the violator within 15 days. This notice shall specify: the nature of the violation, the potential penalty, if applicable, the corrective action required, which may include restoration of impact to offsite land and waters, and the amount of time in which to correct deficiencies, if appropriate. It shall be sufficient notification to deliver the notice to the person to whom it is addressed, or to deposit a copy of such in the United States Mail, properly stamped, certified and addressed to the address used for tax purposes.
(b) Upon determination that a violation of any of the provisions of this article or the SWMP have occurred, the County may choose to pursue in magistrate court action for criminal and/or civil fines and penalties to the maximum extent allowed by law. The County may also choose at its sole discretion, to proceed with a consent process. The first step for the consent process is for the County’s enforcement officer to hold a fact finding meeting with the violator. Second, the enforcement officer develops a draft consent decree that contains corrective actions and penalties based on the facts found. This draft consent decree is presented to the violator and may be negotiated for a mutually agreeable action. If the parties fail to agree on the consent action the enforcement officer will present an administrative order to be enforced on the violator. In cases where the violator refuses to comply with the administrative order the County will pursue criminal and/or civil penalties for violations as authorized by this article. Nothing in this section shall limit the ability of the County to pursue corrective action, including, but not limited to, stop work orders under § 8-125.
(c) The County Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity, including criminal proceedings, for the enforcement of this article or to correct violations of this article, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
(1976 Code, § 8-111) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)