(a) Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense.
(b) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Upon notice from the City Engineer, or designated representative, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall
be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(d) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of their assistants, from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the City Engineer.
(e) Failure to comply with any provision of this chapter after written notification has been sent shall be cause for the City to abate without further notice. When the City has effected the removal of such violation or has paid for its removal, the actual cost thereof shall be certified and the City Engineer shall mail a statement of costs or charges to the property owner, or his agent, for payment. In the event payment is not received within ten days thereafter, interest at the rate of six percent (6%) per month shall accrue thereon. Lack of payment shall be grounds to withhold issuance of the property's final Occupancy Permit.
(Ord. 241-13. Passed 12-16-13.)