Any violations of this chapter may be enforced as follows:
(a) Civil Enforcement.
(1) Any person may submit a verbal or written complaint alleging a violation of this chapter.
(2) Upon receipt of a complaint, the jurisdiction shall conduct a brief investigation of the substances of the complaint, including a meeting with the landowner involved.
(3) Based upon the determination that there is a violation of this chapter, the jurisdiction shall conduct an informal reconciliation with the violator. As part of such informal reconciliation, the jurisdiction shall:
A. Notify the violator by certified mail of the violation of this chapter and a desire of the jurisdiction to correct the violation through informal reconciliation. The statement shall also indicate that should the violator refuse to take the recommended corrective actions within the time set forth by the Village, action may be taken to correct the violation and the violator will be billed for the cost of taking the corrective action.
B. Make a good faith effort to meet the violator and resolve/correct the violation.
(4) If after taking the steps above and after a period of thirty days following the mailing of the notice of the violation, the Village in good faith determines that the violator is unwilling to participate in informal reconciliation and take the corrective actions prescribed, the Village shall notify the violator by certified mail of the termination of the informal reconciliation.
(5) The Village may take corrective actions deemed necessary following fourteen days after notifying violator by certified mail of the notice of termination of the informal reconciliation, and bill the violator for the reasonable cost of such action.
(b) Criminal Enforcement. In lieu of civil enforcement proceeding, a person who is alleged to have violated this chapter may be prosecuted for the commission of a crime. Violation of this chapter is a misdemeanor of the first degree (M1), punishable by a term of imprisonment up to six months and a fine in an amount not to exceed one thousand dollars ($1,000). A continuing violation of this chapter shall be punishable by an additional fine of five hundred dollars ($500.00) per day. Notwithstanding the fine and imprisonment provisions of this chapter, the violator is responsible for the costs of cleanup and remedial expenditures required to restore the site to its condition as it existed before the violation.
(Ord. 2008-07. Passed 10-6-08.)