(A) Charges levied pursuant to this chapter shall be collected by the Director. The Director shall make and enforce economic and efficient protection of the town’s storm drain system.
(B) Owner of record. The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises.
(C) Change in ownership or control. Should there be a change of ownership or control of any property subject to this chapter, the previous owner or person or entity having previously had control of said property shall promptly file a notice with the Director stating the ownership or control of said property has changed, and provide complete contact information for the new owner and/or person or entity having control. The new owner and/or person or entity in control of property shall, within ten days of acquiring ownership or control, file with the Director a sworn statement which provides full contact information and acknowledges the location of all facilities and equipment, including but not limited to dry wells, storm piping, and other infrastructure, required by the storm water ordinance and this chapter. In addition to the foregoing, the sworn statement shall state that the new owner or person or entity in control will continue with their operation and maintenance. Failure to provide the notices and/or sworn statements required by this chapter shall subject the violator to civil and criminal penalties as set forth hereafter.
(D) Notice of violation. The Director may issue a written notice of violation to any person who has violated or is in violation of this chapter. Failure to comply with any act required in the notice of violation shall be a separate violation for each day beyond the thirtieth day following the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations the Director may notify the person orally either in person or by telephone prior to, and in some cases in lieu of, written notification.
(E) Consent orders. The Director may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, including an identification and description of the best management practices and measures to utilize in implementing the order. Such documents shall have the same force and effect as any other orders issued under this chapter and shall be judicially enforceable.
(F) Cease and desist orders. When the Director finds that a person has violated, or continues to violate, any provision of this chapter or any related laws, or regulations, or that the person’s past violations are likely to recur, the Director may issue an order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person’s failure to comply with an order of the Director issued pursuant to this chapter shall constitute a violation of this chapter.
(Ord. 2016-02, passed 9-8-2016)