(A) Notice of violation.
(1) If the county determines that an applicant, or other responsible person, has failed to comply with the terms and conditions of a permit/approval, an approved stormwater management design plan, a recorded stormwater management maintenance agreement, or the provisions of this chapter, it shall issue a written notice of violation to such applicant, or other responsible person, and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit/approval therefor, the notice of violation shall be served on the owner, or the responsible person in charge of the activity being conducted on the site.
(2) The notice of violation shall contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions, as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of reinspection.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the county may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek clean up, and the like.
(C) Civil penalties for violations.
(1) Any person found in violation of any provision of this chapter shall be responsible for a civil infraction, and subject to the minimum fines as specified in the latest version of penalty matrix approved by the County Drainage Board, plus costs, damages, and expenses.
(2) Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(3) Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section.
(4) For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility, or was adjudicated to be responsible.
(D) Stop work order.
(1) In addition to the penalties listed in division (C) above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final stormwater management plans, the county may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the county to proceed with the work. A stop work order will be posted on the site by the county, and it is unlawful for any person to remove the notice or continue any work on the site without permission from the county.
(2) The county may also undertake, or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter, or to avoid or reduce the effects of non-compliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done, and the responsibility of any person carrying out or participating in the work.
(3) Any person who neglects, or fails to comply with, a stop work order shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $1,000, and such person shall also pay such costs as may be imposed in the discretion of the court. A permit/approval reinstatement fee may also be assessed by the county.
(E) Withhold certificate of occupancy. If applicable, the county may refuse to issue a certificate of occupancy for the building, or other improvements constructed or being constructed on the site, until the applicant, or other responsible person, has taken the remedial measures set forth in the notice of violation, or has otherwise cured the violations described therein.
(F) Suspension, revocation, of modification of approvals or permits. The county may suspend, revoke, or modify any existing permit or approval that the violator may also have been previously granted. A suspended, revoked, or modified permit or approval may be reinstated after the applicant, or other responsible person, has taken the remedial measures set forth in the notice of violation, or has otherwise cured the violations described therein, provided such permit or approval may be reinstated upon such conditions as the county may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(G) Suspension of access to the stormwater drainage system.
(1) When the county finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has, or have, caused or contributed to an actual, or threatened, discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons, or to the environment, the county may issue an order to the violator directing him or her immediately to cease and desist all such violations, and directing the violator to immediately comply with all chapter requirements, and take such appropriate preventive action, as may be needed, to properly address a continuing, or threatened, violation, including immediately halting operations and/or terminating the discharge.
(a) Any person notified of an emergency order directed to him or her under this division (G) shall immediately comply and stop, or eliminate, his or her endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the county may take such steps as deemed necessary to prevent, or minimize, harm to the stormwater drainage system, or waters of the United States, and/or endangerment to persons, or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services.
(b) The county may allow the person to recommence his or her discharge when he or she has demonstrated, to the satisfaction of the county, that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge, and the measures taken to prevent any future occurrence, to the county within five days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(2) The county may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present, imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the county may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the state, or to minimize danger to persons.
(3) Any person discharging to the stormwater drainage system in violation of this chapter may have his or her stormwater drainage system access terminated if such termination would abate, or reduce, an illicit discharge. The county will notify a violator of the proposed termination of his or her stormwater drainage system access. The violator may petition the county for a reconsideration and hearing. A person commits an offense if the person reinstates stormwater drainage system access to premises terminated pursuant to this division (G)(3) without the prior approval of the county.
(H) Criminal penalties for violations.
(1) For intentional and flagrant violations of this chapter, the county may issue a notice to the applicant, or other responsible person, and the owner of the property, requiring such person to appear in the County Circuit or Superior Court to answer charges for such violation.
(2) Upon conviction, such person shall be punished by a fine as set by the County Drainage Board, plus costs, damages, and expenses or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(Ord. 2017-03, passed 1-24-2017) Penalty, see § 10.99