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The remedies and penalties provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(1) Withholding of certificate of occupancy. The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of subsequent permits and development approvals. As long as a violation of this Ordinance continues and remains uncorrected, the Stormwater Administrator or other issuing authority may withhold, and may disapprove, any request for permit or development approval or authorization requested for the land on which the violation occurs.
(3) Injunction, abatements, etc. The Stormwater Administrator, with the written authorization of the City Council, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this Ordinance. Any person violating this Ordinance shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.
(4) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. § 160A-193, the Stormwater Administrator, with the written authorization of the City Council, may cause the violation to be corrected and the costs to be assessed as a lien against the property.
(5) Stop work order. The Stormwater Administrator may issue a stop work order to the person(s) violating this Ordinance. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.
(B) Civil penalties. Violation of this Ordinance may subject the violator to a civil penalty (§ 10.99 General Penalty) to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which the City of Monroe is subject for violations of its National Pollutant Discharge Elimination System (NPDES) Permit.
(C) Criminal penalties. Any person that has violated or continues to violate this Ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of not less than $50.00 nor more than $500.00 dollars per violation per day and/or imprisonment for a period of time not to exceed 20 days. The authorized enforcement agency may recover all attorney's fees, court costs and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses.
(Ord. O-2007-24, passed 9-18-07)