§ 51.999 PENALTY.

   (A)   General. Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to the penalty provisions in § 10.99.

   (B)   Stormwater Management Utility.

      (1)   In addition to any other penalties provided in §§ 51.001 through 51.012 of this chapter, the town may assess a civil penalty not to exceed $1,000, against any person violating any provision of §§ 51.001 through 51.012. Each day a violation continues constitutes a separate violation that may be the subject of such a penalty. The enforcement officer shall make a written demand for payment upon the person responsible for the violation and set forth in detail the violation for when the penalty has been invoked. If full payment of the penalty is not made within 30 days after such demand is made, a civil action may be filed in the circuit court of the county to recover the amount of the penalty.

      (2)   When the town has reasonable cause to believe that any person is violating or is threatening to violate the requirements of §§ 51.001 through 51.012, it may, either before or after the institution of any other action or proceeding authorized by §§ 51.001 through 51.012, institute a civil action in circuit court for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this division does not relieve any party to the proceeding from any civil penalty prescribed for violations of §§ 51.001 through 51.012.

      (3)   The amount of the fee shall be pursuant to the town’s Stormwater Management Utility Fee Ordinance.

   (C)   Stormwater management program.

      (1)   Civil. Any person violating any provision of §§ 51.040 through 51.075 of this chapter shall be subject to a civil penalty of up to $1,000 for each violation. Each separate day of a violation constitutes a new and separate violation.

      (2)   Criminal. In addition to any applicable civil penalties, any owner, operator, or other person who willfully, with wanton disregard, or intentionally violates any provision of §§ 51.040 through 51.075 shall be guilty of a misdemeanor and shall be punished within the jurisdictional limits of the county’s magistrates court. The Code Enforcement Officer may issue a uniform summons citation for a violation of §§ 51.040 through 51.075. Fines imposed under the NOV may not exceed $500 per violation or 30 days in jail, or both. Each day a violation remains constitutes a separate offense.

(Ord. 2012-18, passed 11-15-2012; Ord. 2012-19, passed 11-15-2012; Ord. 2018-15, passed 12-20-2018)