(A) Denial and revocation of certificate of use and occupancy. The AHJ’s building official shall deny or revoke a certificate of use and occupancy for any building or structure without a valid storm water permit, where such permit is required under this chapter.
(B) Storm water permit revocation. Any storm water permit issued under this chapter may be revoked or suspended if there is a violation of the conditions of the permit or if there is a misrepresentation or failure to disclose relevant facts in the application submittal. The AHJ will provide the owner/developer notice of its intent to revoke or suspend the permit via email followed by an original copy by USPS first class mail.
(C) Municipal civil infraction base fines. Notwithstanding any other provision in this Code of Ordinances, a person who violates any provision of this chapter or any notice, order, permit, decision or determination promulgated, issued or made by the AHJ under this chapter, or any person who aids or abets such activity or knowingly submits false information to the AHJ, is responsible for a municipal civil infraction, subject to payment of a civil fine up to $1,000 per day for each infraction, plus costs and other sanctions. Each day that a violation occurs and each provision that a given act or failure to act violates shall be a separate offense.
(D) Increased fines. Notwithstanding any other provision in this Code of Ordinances, increased fines may be imposed for repeat offenses. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this chapter (i) committed by a person within any 12-month period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:
(1) The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.
(2) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.
(E) Additional court remedies. In addition to the other remedies specified in this section, the court may order compliance with this chapter and order other such relief as is appropriate to assure compliance with this chapter. In addition, the AHJ may seek injunctive or other relief to conditions in violation of this chapter and take such other actions as are provided in this chapter or in other applicable laws, rules and regulations. The election of one remedy shall not prevent the simultaneous or subsequent pursuit of other remedies all of which are cumulative.
(Ord. 992, passed 1-12-15)