923.14 VIOLATIONS.
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this Chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this Chapter, or knowingly use or cause or permit the use of any lands in violation of this Chapter, or in violation of any permit granted under this Chapter.
(b) If the City of Macedonia determines that a violation of the rules adopted under this section exists, the City of Macedonia shall issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity. In addition, if the City of Macedonia determines such a rule violation exists, regardless of whether or not the violator has obtained the proper permits, the City of Macedonia shall authorize the issuance of a notice of violation.
(c) Once a stop work order is issued, the City through its Law Director shall seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with the rules adopted under this section.
(d) If the Law Director seeks an injunction or other appropriate relief, then, in granting relief, the Court may order the construction of sediment control improvements or implementation of other control measures and may assess a civil fine of not less than one hundred ($100.00) nor more than five hundred ($500.00) dollars. Each day of violation of a rule or stop work order issued under this section shall be considered a separate violation subject to a civil fine.
(e) No stop work order shall be issued under this section against any public highway, transportation, or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the City.
(f) Notwithstanding divisions (b)-(e) of this section, if the City determines that the Director of Law may seek an injunction or other appropriate relief in the Court to abate excessive erosion or sedimentation and secure compliance with the rules or Order. In granting relief, the Court may order the construction of sediment control improvements or implementation of other control measures and may assess a civil fine of not less than one hundred ($100.00) nor more than five hundred ($500.00) dollars. Each day of violation of a rule adopted or administrative order issued under this section shall be considered a separate violation subject to a civil fine.
(g) The City may deny the issuance of any further plat approvals for the property in question until the site is brought into compliance with this Chapter.
(h) The Building Commissioner may suspend the issuance of occupancy certificates within developments that are not in compliance with this Chapter.
(i) The Engineer's Office may suspend the inspection of site improvements and/or refuse the release of Bonds on developments that are not in compliance with this Chapter.
(j) Upon notice, the City Engineer may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the owner, and shall state the conditions under which work may be resumed. In instances, however, where the City Engineer finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.
(Ord. 69-2022. Passed 10-27-22.)