(a) When the Director finds that a discharge has taken place or is likely to take place in violation of this Article, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall comply with the requirement and comply with a time schedule for compliance. The Director shall provide notice to one in violation of this Article by personal notice or certified U.S. Mail, return receipt requested, or, if no return receipt is received by the Director after a reasonable time, by first class U.S. Mail. Said notice shall state the nature of the violation, the potential penalty, the action required to correct the violation, and the time period within which the corrective action must be taken.
(b) If, after receipt of proper notice, a violator fails to timely make the required corrections, the Director may enter upon the subject property and make said corrections. The costs of correction may be recovered in a civil action brought against the violator on behalf of the City.
(c) In the alternative, and at the discretion of the Director, and pursuant to West Va. Code 16-13-23A(l) a violator may be issued a cease and desist order to immediately discontinue the illicit discharge and/or be assessed a monetary fine, payable to the City, in accordance with the following schedule:
(1) First violation: $100 and notice to correct.
(2) Second violation and/or failure to correct: $250
(3) Third violation and/or continued failure to correct: $500.
Any fine assessed to the City for an illicit discharge or other action in violation of this article shall be assessed against and collected from the violator. In any event, the Director shall ensure that there is a reasonable time between a notice to correct and a subsequent sanction for failure to correct.
(d) In addition or in the alternative, a violator that, after due notice, is found to be in non-compliance with the approved construction site management plan pursuant to Section 922.13 of this Article, and/or is found to be in non-compliance with the approved stormwater management and comprehensive drainage plan pursuant to Section 922.20 of this Article, may, at the discretion of the Director, be denied continued coverage by a cease and desist order regarding a previously issued building permit and/or refusal to issue or withdrawal of a previously issued occupancy permit until the non-compliant condition is resolved and damages remediated to the satisfaction of the Director.
(e) These sanctions may be assessed against any user of the municipal stormwater system within the designated service area. The Municipal Court and/or the Marshall County Circuit Court shall be the venue for violations occurring within the City political boundaries. The Marshall County Magistrate Court and/or the Marshall County Circuit Court shall be the venue for violations occurring within the City watershed and outside the political boundaries of the City.
(Ord. 7-6-10)