(A) General Provisions
(1) All Land Disturbance Activities in the City of Lima, including Land Disturbance Activities exempt from permit requirements, are subject to the enforcement provisions and penalties of this Chapter.
(2) A person who owns land on which an Land Disturbance Activity has been made that may result in or contribute to soil erosion or sedimentation of the waters of the state shall implement and maintain soil erosion and sedimentation control measures that will effectively reduce soil erosion or sedimentation from the land on which the Land Disturbance Activity has been made.
(3) Each act of violation, and every day upon which any violation shall occur or continues to occur, shall constitute a separate offense.
(4) A person who has not complied with this Chapter and who, after notice, refuses to implement and maintain soil erosion control and stormwater runoff control measures and facilities in conformance with these regulations shall be guilty of a 1st degree misdemeanor.
(B) City Installation of Soil Erosion and Stormwater Runoff Control Measures
(1) Soil erosion control or stormwater runoff control measures or facilities may be constructed or maintained by the City Engineer and/or a hired consultant or contractor, at the property owner's expense, if the necessary provisions for the correction of a violation are not successfully implemented within ten (10) calendar days after the notice of violation is mailed.
(2) The City Engineer shall not expend more than $500.00 for the cost of work, materials, or labor without prior notice to the property owner. If more than $500.00 is to be expended under this section, the work shall not begin until at least twenty (20) days after the notice of violation has been mailed as described in Section 1066.15 G of this Chapter.
(3) All expenses incurred by the City Engineer to construct and maintain measures and facilities to bring the site into compliance shall be reimbursed by the property owner. The City shall have a lien for the expenses incurred. For single-family or multiple-family residential properties, the lien shall have priority over all liens and encumbrances filed or recorded after the date of such expenditure. For other types of property, the lien for such expenses shall be collected and treated in the same manner as provided for property tax liens.
(4) A person who has not complied with Section 1066.16 A.2. and who, after notice, refuses to implement and maintain soil erosion and stormwater runoff control measures in conformance with this Chapter shall be subject to a civil fine of not more than $500.00. A fine collected under this section shall be paid to the City of Lima or other enforcing agency responsible for the enforcement in the city, township, or village where the land is located.
(Ord. 91-06. Passed 3-27-06, Ord. 80-14. Passed 3-24-14)