(a) Violations. Whenever, by the provisions of this article, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a violation of this article. The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this article may be held responsible for the violation and be subject to the penalties and remedies provided in this section. Failure to follow an approved stormwater management plan or permit shall constitute a violation of this article and shall be subject to the penalties and remedies provided in this article.
(b) Procedures upon discovery of violations. Procedures upon discovery of violations of this article shall be as follows:
(1) Upon determination that any provision of this article is being violated, the stormwater administrator shall deliver a written notice by personal service or by registered or certified mail, return receipt requested, to the person responsible for such violation, indicating the nature of the violation, ordering the action necessary to correct it and outlining the timeframe for gaining compliance. Additional written notices may be sent at the stormwater administrator's discretion.
(2) The final written notice, which may also be the initial notice, shall state the enforcement action the county intends to take if the violation is not corrected, and shall advise that the stormwater administrator's order may be appealed to the board of adjustment as provided in article XI of this chapter.
In cases when delay would seriously threaten the effective enforcement of this article, or pose a danger to the public health, safety, or general welfare, the stormwater administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies contained in this section.
(c) Penalties and remedies. Penalties and remedies for a violation of this article shall be as follows:
(1) Any violation of any provision of any section of this article shall constitute a misdemeanor and shall subject the violator to a penalty of $500.00 and/or imprisonment for not more than 30 days.
(2) Development that begins land disturbing activities prior to obtaining a stormwater management permit shall also be subject to a one-time $1,000.00 penalty.
(3) Illegal discharge. Any designer, engineer, consultant, contractor or person that allows, acts in concert, participates, directs or assists directly or indirectly in an illegal discharge shall be subject to civil penalties as follows:
a. For first time offenders if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products, such person shall be assessed a civil penalty not to exceed $100.00 per violation or per day for any continuing violation. If the quantity of the discharge is greater than five gallons or contains nondomestic substances or if the person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, such person shall be assessed a civil penalty not to exceed $1,000.00 per violation or per day for any continuing violation.
b. For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty, not to exceed $10,000.00 per violation or per day for any continuing violation.
c. The county manager or his designee shall take the following into consideration when determining the civil penalty amount:
1. The degree and extent of harm to the environment, public health, and property;
2. The cost of remedying the damage;
3. The willfulness of the violation;
4. The duration of the violation;
5. The violator's prior record in complying or failing to comply with this article; and
6. The amount of money saved by the violator by noncompliance.
If the offender fails to pay the penalty within ten days of receiving final written notice of a violation, the county in a civil action may recover the penalty. A civil penalty may not be appealed to the board of adjustment if the offender received a final written notice of violation and did not appeal to the board of adjustment within 30 days. Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified in this section. In addition to the penalties and remedies of this section, the county may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this article.
(Ord. of 1-2-2001, § 9.13)