(A) Violations. Any development activity that is commenced or is conducted contrary to this subchapter, may be restrained by injunction or otherwise abated in a manner provided by law.
(B) When the MS4 Coordinator determines that an activity is not being carried out in accordance with the requirements of this subchapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(1) The name and address of the owner or applicant;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(5) A statement that the determination of violation may be appealed by filing a written notice of appeal within 15 days of service of notice of violation.
(C) Stop Work Orders. Persons receiving a notice of violation will be required to halt all construction activities. This STOP WORK ORDER will be in effect until the MS4 Coordinator confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil and/or monetary penalties in accordance with the enforcement measures authorized in this subchapter.
(D) Civil penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this subchapter shall be punished by a fine of not less than $2,500 for each violation. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(E) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Sanitary District of LaPorte or Michigan City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(F) Holds on occupation permits. Occupation permits will not be granted until a correction to all stormwater violations have been made and accepted by the MS4 Coordinator.
(G) Appeal of decisions. The interpretation or implementation of the Rule 5 or Rule 13 program requirements by the MS4 Coordinator may be appealed to the MS4 Advisory Committee, in writing and within five days of the interpretation or implementation decision. The appeal will be decided by the MS4 Advisory Committee within ten days. The appeal process does not stay a stop work order issued under division (C) above.
(Ord. 2007-05, passed 4-17-07)