(A) Violations.
(1) Any land-disturbing construction activity or storm water runoff initiated after the effective date of this subchapter by any person, firm, association or corporation subject to its provisions shall be deemed a violation, unless conducted in accordance with all terms, conditions and requirements of this subchapter.
(2) The MS4 Operator shall issue a notice of violation to any person holding a site development permit that violates any term or condition contained in the permit, any provisions of this subchapter, or to any person who implements any site development in such a manner as to:
(a) Adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development; or
(b) Be detrimental to the public welfare or injurious to property or improvements in the neighborhood or development.
(B) Notice of violation: types.
(1) Written notice of violation. A written notice of violation, indicating actions deemed contrary to the permit, which are required to be corrected and brought into compliance within 48 hours or other specified period of time. An alternative period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem.
(2) Stop work order; revocation of permit. A stop work order or revocation of permit is provided in writing to any persons engaged in the doing or causing of such work to be done in violation of this subchapter, and all persons receiving notice of such order shall immediately cease all work until authorized by the MS4 Operator in writing to proceed with work.
(C) Penalties.
(1) No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this subchapter.
(2) Any person violating any of the provisions of this subchapter shall be subject to the general penalties provided for by § 10.99.
(3) In addition to any other penalty authorized by § 10.99, any person, partnership, corporation or other entity convicted of violating any of the provision of this subchapter shall also be required to bear all costs and expenses of restoration.
(Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)