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(1) Upon determination that a violation of any of the provisions of this chapter or the SWMP has occurred, the Director of Public Services Department or Director of Engineering and Development Services may give timely actual notice at the property where the violation has occurred, or at the address of the permit holder, and shall give written notice to the violator within 15 days.
(2) This notice shall specify:
(a) The nature of the violation;
(b) The proposed penalty; and
(c) The amount of time in which to correct deficiencies, if appropriate.
(3) It shall be sufficient notification to deliver the notice to the person to whom it is addressed, or to deposit a copy of such in the United States Mail, properly stamped, certified and addressed to the address used for tax purposes.
(B) Civil penalties.
(1) Any person violating any provision of this chapter shall be subject to a civil penalty of not more than $500 for each violation.
(2) Each separate day of a violation constitutes a new and separate violation.
(C) Additional legal measures.
(1) Where the town is fined and/or placed under a compliance schedule by the state or federal government for a violation(s) of its NPDES permit, and the town can identify the person(s) who caused such violation(s) to occur, the town may pass through the penalty and cost of compliance to that person(s).
(2) The Town Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity, including criminal conviction, for the enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief
(D) Corrective action.
(1) In the event a violation of this chapter has not been corrected within the applicable time period for correction, the town, or its contractor, may enter upon the lot or parcel of land and correct the violation.
(2) The costs incurred as a result of such action (including inspection, administration, labor and equipment costs) shall be collected from the bond, if in place and sufficient to cover such costs, or shall become a lien upon the property and shall be collected in the same manner as town taxes are collected.
(E) Stop work.
(1) Any person who shall proceed with any work that requires a stormwater management plan hereunder without first submitting a plan and obtaining a permit, where applicable, shall have automatically placed on the subject property a stop work order, payable to the Town Stormwater Division, an administrative fee of $200 or the inspection and administration of the stop work order, and/or payment of any other applicable penalties associated with the reason for the stop work order and site protection and cleaning, prior to lifting of the stop work order.
(2) The stop work order may allow or require correction of violations, but no other project-related activities.
(3) Any person in violation of a stop work order is subject to impoundment of any and all equipment on the property, and payment of all fees, penalties and impoundment charges prior to retrieving such equipment.
(F) Permit suspension and revocation. A site clearing and grading permit may be suspended or revoked if one or more of the following violations have been committed:
(1) Violations of the conditions of the drainage plan approval;
(2) Construction not in accordance with the letter or intent of the approved plans;
(3) Non-compliance with correction notice(s) or stop work order(s); or
(4) The existence of an immediate danger in a downstream area, in the judgment of the Town Engineer or Stormwater Program Manager.
(G) Criminal penalties.
(1) In addition to any applicable civil penalties, any person who negligently, willfully or intentionally violates any provision of this article shall be guilty of a misdemeanor, and shall be punished within the jurisdictional limits of magistrate's court.
(2) Each day of a violation shall constitute a new and separate offense.
(Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)