(A) General.
(1) Authority to enforce. The provisions of this chapter shall be enforced by the Storm Water Administrator, his or her designee, or any authorized agent of the town. Whenever this section refers to the Storm Water Administrator, it includes his or her designee as well as any authorized agent of the town.
(2) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard or limitation imposed by this chapter, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this chapter, is unlawful and shall constitute a violation of this chapter.
(3) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.
(4) Responsible persons/entities.
(a) Any person who erects, constructs, reconstructs, alters (whether actively or passively) or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice or condition in violation of this chapter shall be subject to the remedies, penalties and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency or any other person who participates in, assists, directs, creates, causes or maintains a condition that results in or constitutes a violation of this chapter, or fails to take appropriate action, so that a violation of this chapter results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs.
(b) For the purposes of this chapter, responsible person(s) shall include, but not be limited to:
1. Person maintaining condition resulting in or constituting violation. An architect, engineer, builder, contractor, developer, agency or any other person who participates in, assists, directs, creates, causes or maintains a condition that constitutes a violation of this chapter, or fails to take appropriate action, so that a violation of this chapter results or persists; and
2. Person who has responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for storm water controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property.
(B) Procedures.
(1) Initiation/complaint. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the Storm Water Administrator, who shall record the complaint. The complaint shall be investigated promptly by the Storm Water Administrator.
(2) Inspection. The Storm Water Administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure or premises to ensure compliance with this chapter.
(3) Notice of violation and order to correct.
(a) When the Storm Water Administrator finds that any building, structure or land is in violation of this chapter, the Storm Water Administrator shall notify, in writing, the property owner or other person violating this chapter. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual and the time within which they must be paid or be subject to collection as a debt.
(b) The notice of violation and correction order may be delivered personally by the Storm Water Administrator, by the town’s Police Department for violations within the town and/or the Henderson County Sheriff’s Department for violations within the town’s ETJ, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure, being G.S. § 1A-1, Rule 4.
(c) If a violation is not corrected within a reasonable period of time, as provided in the notification, the Storm Water Administrator may take appropriate action under this chapter to correct and abate the violation and to ensure compliance with this chapter.
(4) Extension of time.
(a) A person who received a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the Storm Water Administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Storm Water Administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 45 days. The Storm Water Administrator may grant 15-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this chapter. The Storm Water Administrator may grant an extension only by written notice of extension.
(b) The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order.
(5) Enforcement after time to correct. After the time has expired to correct a violation, including any extension(s) if authorized by the Storm Water Administrator, the Storm Water Administrator shall determine if the violation is corrected. If the violation is not corrected, the Storm Water Administrator may act to impose one or more of the remedies and penalties authorized by this chapter.
(6) Emergency enforcement.
(a) If delay in correcting a violation would seriously threaten the effective enforcement of this chapter or pose an immediate danger to the public health, safety or welfare, then the Storm Water Administrator may order the immediate cessation of a violation.
(b) Any person so ordered shall cease any violation immediately.
(c) The Storm Water Administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this subchapter.
(Ord. passed 1-15-2008)