§ 156.99 OFFENSES AND PENALTY.
   (A)   Except as otherwise provided in this chapter, it shall be an offense for any person to perform or cause to be performed any land-disturbing activity covering one or more acre(s) within the territorial limits of the city unless a site preparation permit authorizing such activity has been issued under this chapter and is then in effect.
   (B)   It shall be an offense for any person to perform or cause to be performed a land-disturbing activity covering one or more acre(s) within the territorial limits of the city in a manner that does not comply with the conditions of a site preparation permit issued for such activity under this chapter.
   (C)   It shall be an offense for any person to perform or cause to be performed any land-disturbing activity covering one or more acre(s) within the territorial limits of the city at a time and place where a stop-work order issued under this chapter prohibits such activity.
   (D)   It shall be an offense for any person to knowingly interfere with a lawful inspection under this chapter.
   (E)   Except as provided in division (D) of this section, proof of a culpable mental state is not required for conviction of an offense under this chapter. It is the intent of the City Council to dispense with the requirement of any culpable mental state in prosecutions filed under this chapter except as provided in division (D) of this section.
   (F)   A violation of this chapter shall be punishable upon conviction by a fine of not less than $500 nor more than $2,000 and the costs of prosecution for each violation.
   (E)   It shall be an offense for any person to perform or cause to be performed any development or other land disturbing activity within the city without first having in place such barriers, traps or other perimeter controls as may be necessary to prevent a storm event of ten years or less from causing erosion or sedimentation from the site in excess of the amount which would have otherwise occurred prior to the start of construction.
   (F)   It shall be an offense for any responsible person to fail, within 24 hours following the deposit of sedimentation or within such longer period of time as may be specified in writing by the agent, to:
      (1)   Remove any sedimentation caused by the absence or failure of such sediment barrier; or
      (2)   Restore any property affected by such sedimentation to the condition in which such property would have existed but for such sedimentation.
   (G)   It shall be an offense for any responsible person to fail to timely replace temporary erosion or sedimentation control devices with permanent erosion or sedimentation control devices as required by this chapter.
   (H)   Any person violating any provision of this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine not to exceed $500. A knowing or intentional violation of this chapter shall be punishable upon conviction by a fine of not less than $500 nor more than $2,000 and the costs of prosecution for each violation.
(Ord. 2002-31, passed 11-12-02; Am.Ord.2005-29, passed 9-13-05)