(A) If the violation is corrected within the 15 days from the postmarked date of notice, no further action will be taken.
(B) If the violation is not so corrected, the Surveyor shall, after determining which course of action best will result in a correction of the violation:
(1) File the notice of violation with the County Drainage Board, which shall conduct a hearing, with notice to the responsible person, within 30 days of such filing.
(a) If the Drainage Board finds by a preponderance of the evidence that a violation of this Chapter has occurred, it may:
1. Impose fines upon the responsible person in an amount not to exceed $2,500, all in accordance with I.C. 36-1-6-9(d), and/or
2. Issue orders to correct violations.
(b) In the event the responsible person does not pay any fine imposed by the Drainage Board or correct the violation as ordered by the Drainage Board, the Drainage Board may commence a court action to enforce any fine or to obtain compliance with any order under I.C. 34-28-5-1(b); or
(2) Commence a court action under I.C. 34-28-5-1(b) to enforce this chapter.
(a) Such action may be for injunctive relief, restraining the responsible person from activities causing a violation, or compelling such person to perform abatement or remediation of the violation.
(b) In addition or in the alternative, the court, at its discretion, may impose fines not exceeding $2,500.
(Ord. 2004-BCC-38, passed 11-1-04)