(A) The county will employ the following procedures with regard to assigning penalties to enforce the requirements, provisions and regulations of this chapter:
(1) First violation. The initial determination of a violation or group of violations at a project site. Upon ascertaining and documenting the occurrence of a first violation at a project site, the county will make a corrective recommendation to the owner/developer responsible for correcting the violation, together with a notice that the correction must be accomplished within ten working days after the issuance of the notice to prevent the citation of a second violation with regard to the same condition or conditions that caused the first violation.
(2) Second violation. The determination that after ten working days past the notification of a first violation, the condition or conditions constituting the first violation remain uncorrected or otherwise not compliant with the requirements, provisions or regulations of this chapter. Upon ascertaining and documenting the occurrence of a second violation at a project site, the county will again issue a noncompliance citation to the owner/developer along with a notice that the correction must be accomplished with five calendar days from the date of the citation to prevent the citation of a third violation regarding the same condition.
(a) The civil penalty for the citation of a second violation will be no less than $100 and no more than $250.
(b) If the penalty is not paid within 30 days, the citation may be enforced in court by any remedy allowed by law and an action may be maintained to recover the costs of corrective measures employed by the county and the reasonable costs of legal services, if the owner/developer does not make a good faith effort to correct the violation, in addition to the fine or penalty referred to above.
(3) Third violation. The determination that after five working days past the notification of a second violation, the condition or conditions constituting the second violation remain uncorrected or otherwise noncompliant with the requirements, provisions, or regulations of this chapter. Upon ascertaining and documenting the occurrence of a third violation at a project site, the county will issue another noncompliance citation to the owner/developer together with a notice that the project site is subject to an immediate Stop Work order.
(a) The civil penalty for a third violation will be no less than $500 and no more than $750.
(b) If the penalty is not paid within 30 days, the citation may be enforced in court by any remedy allowed by law and an action may be maintained to recover the costs of corrective measures employed by the county and the reasonable costs of legal services, if the owner/developer does not make a good faith effort to correct the violation, in addition to the fine or penalty referred to above.
(B) Stop Work orders will not be rescinded until all recommended corrective measures have been completed and the county has been paid for all costs incurred, as applicable.
(C) The county reserves the right to accelerate the schedule assigned in this section for correcting a violation if required to protect life or property from an imminent and severe threat of loss or damage.
(D) The county may perform, or cause to be performed, such work as is necessary to accomplish corrective measures at a project site by its own forces or by a contractor hired to perform the work.
(E) Any project site owner, individual lot operator, contractor, subcontractor, property owner, or other person or persons responsible for construction activities at a project site who violate the terms, requirements, provisions, or regulations of this chapter are liable for the costs of removal of sediment and other stormwater pollutants deposited in any right-of-way, drain, storm sewer, drainage easement, or county-maintained or controlled property to a condition equal to or better than the condition prior to a violation. Such costs may be pursued in court and/or filed as a lien against the property as allowed by state law.
(Ord. 2007-07, passed 4-17-07)