Any person who violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of any provision of this Ordinance, including but not limited to: obtaining a required stormwater management permit, violating a condition of an issued stormwater management permit, or violating a stop work order shall be in violation of this Ordinance and subject to various available legal or equitable actions, remedies and penalties.
A. Failure to comply with any of the requirements of this Ordinance shall constitute a violation, and any person convicted thereof shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. Each day the violation continues shall be considered a separate offense.
B. Any legal action resulting in a guilty verdict shall be subject to a minimum fine totaling not less than one hundred dollars ($100.00) plus court costs.
C. Whenever the Enforcement Officer finds a violation of this Ordinance, or of any stormwater management permit or stop work order, within his or her respective jurisdiction, the Enforcement Officer may pursue any one or more of the following legal or equitable actions, remedies and penalties against any person found to be in violation of this Ordinance including but not limited to:
1. The Enforcement Officer may initiate a complaint and civil legal action in a court of competent jurisdiction against any person in violation of this Ordinance;
2. The Enforcement Officer may revoke any stormwater management permit issued;
3. The Enforcement Officer may require the person to apply for an “after-the-fact” stormwater management permit, including any and all supporting documentation required thereto, for any unpermitted, unauthorized regulated development, disturbance, or impact;
4. The Enforcement Officer may require the development site or impacted area to be fully restored to its condition existing prior to the violation. If it is not feasible or practical to fully restore the development site or impacted area to the condition existing prior to the violation, the Enforcement Officer may allow the development site or impacted area to be restored to a condition that increases flood storage or decreases stormwater runoff compared to the condition existing prior to the violation;
5. The Enforcement Officer may issue a stop work order requiring the suspension of any further work on the development site. Such stop work order shall be in writing, indicate the reason for its issuance, and require compliance with this Ordinance prior to completion of the activity in violation;
6. The Enforcement Officer may take other legal action including but not limited to a temporary restraining order and other preliminary or permanent injunctive relief necessary to prevent further harm or violation and/or remedy any harm or violation that has already occurred, and if applicable require removal, correction, remediation and/or mitigation for said harm and violation. In addition to any fine or other relief, all costs and expenses, including reasonable attorney’s fees incurred, may be recovered;
7. The Enforcement Officer may require removal, correction, remediation and/or mitigation for any harm and violation that has occurred and require that the area be fully restored to its condition prior to such regulated development, disturbance or impact; and
8. The Enforcement Officer may, after notice is sent to the owner(s) of the parcel(s) upon which the violation is located, record the complaint filed, the notice of violation or any stop work order against the property at the McHenry County Recorder of Deeds Office.
(Ord. O-2020-09-15, passed 9-19-2020)