It shall be the duty of the enforcement official to enforce the provisions of this chapter.
(A) The following shall constitute a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter:
(1) The construction, erection, or location of any improvement in violation of the provisions of this chapter;
(2) The use or development of property in a manner which does not conform to the provisions of this chapter;
(3) Any act contrary to the provisions and requirements of this chapter; or
(4) Altering, damaging, or removing any drainage related improvements required by the Hancock County Surveyor and/or Hancock County Engineer as part of a development plan or subdivision approval as part of a variance or special exception approval, or any other action that compromises the development standards.
(B) Any activity considered a violation of this chapter is declared to be a common nuisance.
(C) A person acting as owner, agent, principal, lessee, contractor, engineer, surveyor, or otherwise who, whether individually or in concert with another, knowingly acts contrary to the provisions and requirements of this chapter, shall be liable for maintaining a common nuisance.
(D) Private covenants or agreements imposing standards different than those in this chapter shall not impose an enforcement obligation on the Hancock County Drainage Board.
(E) The owner, tenant, or occupant of any structure or land and any architect, engineer, surveyor, contractor, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies provided.
(F) The following process shall be followed by the enforcement official when pursuing a violation of this chapter.
(1) (a) The Hancock County Surveyor shall provide up to 30 days for a violation to come into compliance with this chapter. If at the time the violations have not been corrected, then:
(b) The enforcement official shall send written notice to the person believed responsible for the violation, and to the property owner of the property involved if different, indicating the nature of the alleged violation and ordering the action necessary to correct it.
(2) If the violation is not corrected, the enforcement official shall send a written notice identified as being the final notice, and shall state what action the enforcement official can take if the violation is not corrected. The notice shall indicate that an appeal may be filed to the Hancock County Drain Board and the procedure for filing an appeal.
(3) In all violation notices, a reasonable time period shall be expressed and allotted for compliance.
(4) If the compliance is not achieved by the deadline specified in the final notice, the enforcement official may impose one or more of the remedies listed in this division (G) below.
(5) The enforcement official working with the County Attorney may file a complaint against the person responsible for and prosecute the alleged violation.
(G) The enforcement official may impose any one or all of the following remedies listed below for any violation of this chapter:
(1) A “STOP WORK ORDER" whereby all work on the improvement authorized by issuance of a permit on the property shall cease at the time of posting. A written "STOP WORK ORDER" shall be sent to the property owner, contractor, or other appropriate individual specifying what action is necessary to release within the time limitation. Failure to adhere to this time limitation is a violation of this chapter.
(2) A revocation of any permit issued for work on the property.
(3) Bring an action to invoke any legal, equitable, or special remedy for the enforcement of this chapter, or action taken under this chapter. Further, an action may also seek the imposition of a penalty under § 10.99 of this code.
(4) Bring action for injunction. This action may seek to enjoin a person or entity from violating, or continuing to violate any provision of this chapter and/or maintaining a common nuisance. Further, it may seek the prevention, removal, or abatement of the violation.
(5) Any other remedy or penalty provided for herein, or other applicable authority.
(H) Any person found to be in violation of this chapter in an enforcement action brought under this chapter shall be responsible to pay reasonable costs and expenses, including attorney fees, incurred to the county in connection with the prosecution of such action.
(Ord. 2006-4B, passed 4-17-06)