1129.13 ENFORCEMENT.
(a) If the Village and/or Cuyahoga County SWCD determines that a violation of the rules adopted under this code exist, the Village or its authorized representative may 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.
(b) All development areas may be subject to external inspections by the Village Engineer or his or her authorized representative to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(c) After each external inspection, the Village Engineer shall prepare and distribute a status report to the applicant.
(e) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation. The penalty is determined by the total number of violations per site even if the violations are for different BMPs.
(1) First Violation: The Village will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three (3) days of the notification. If controls have not been corrected after this time, the Village Building Department Commissioner or other authorized representative of the Building Department may issue a Stop Work Order for all activities until corrections have been made.
(2) Second Violation: The Village may issue a formal Notice of Violation which includes a five hundred dollars ($500.00) administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three (3) days of the Notice of Violation. If controls have not been corrected after this time, the Village Building Department Commissioner or other authorized representative of the Building Department may issue a Stop Work Order for all activities until corrections have been made.
(3) Third and subsequent violations: The Village Building Department Commissioner or other authorized representative of the Building Department may issue a Stop Work Order for all construction activities and charge a one thousand dollars ($1,000) administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls are in compliance with the approved SWP3 plan.
(f) The Village Engineer shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this ordinance.
(g) A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the Village and the site operator on the site's compliance status.
(h) The Village Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one (1) contiguous acre to ensure compliance required by these Rules.
(i) The Village shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The Village shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(j) The Village shall not issue building permits for projects regulated under this code without approved SWP3s.
(Ord. 2022-19. Passed 10-17-22.)