Prior to the imposition of a fine, the intent of the city in enforcement of this chapter is to make a good faith effort, to work with and communicate with the person doing the land disturbing activities.
(A) Stop work order.
(1) The city shall post a stop work order if city believes:
(a) Any non-complying land-disturbing activity regulated under this chapter is being undertaken;
(b) The post Construction Stormwater Plan is not being implemented in good faith; or
(c) The conditions of the permit are not being met.
(2) Ten days after posting a stop work order, the city may issue a notice to the violator stating that 10 days thereafter the city will use the performance bond to perform the work necessary to bring the situation into compliance with the requirements of this chapter.
(3) If, within five days after that notice, the site does not comply with the erosion and sediment control plan or permit conditions, the city may revoke the permit at any time thereafter that the site remains in a noncomplying status.
(4) A stop work order or the permit revocation by the city may be appealed to the Board within ten days of that posting or revocation, and may be retracted or modified by action of that Board.
(5) Administrative fines and injunctive relief.
(a) When the city finds that a person has violated, or continues to violate, any provision of this chapter, the city may impose an administrative fine against such person in an amount not to exceed $1,000 on a per violation, per day basis, plus any administrative or remediation costs.
(b) Imposition of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the person.
(6) Compliance with the provisions of this chapter also may be enforced by injunction.
(B) Cease and desist orders. When the city finds that a person has violated, or continues to violate, or that the person's past violations are likely to recur, the city may issue an order to the person directing the person to cease and desist all such violations and directing the person to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be reasonable to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(3) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against person.