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§ 153.070 ENFORCEMENT, PENALTIES AND ABATEMENT.
   (A)   Violations.  
      (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)
§ 153.080 VARIANCES.
   (A)   The Director of Engineering and Development Services or his or her designee may grant a variance from the requirements of this chapter, if exceptional circumstances applicable to a site exist such that strict adherence to the provisions of the chapter will result in unnecessary hardship and will not fulfill the intent of the chapter.
   (B)   A written request for a variance shall be required and shall state the specific variance sought, and the reasons, with supporting data, a variance should be granted. The request shall include all information necessary to evaluate the proposed variance.
   (C)   The Director of Engineering and Development Services or his or her designee shall conduct a review of the request for a variance and issue a decision within 20 working days of receiving the request.
(Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)
§ 153.090 APPEALS.
   (A)   Any person aggrieved by a decision or notice of violation of town staff may appeal the same by filing a written notice of appeal with the Town Engineer within 30 days of the issuance of such decision or notice of violation. If the person to whom a decision or notice of violation is directed fails or neglects to appeal the notice of violation within 30 days of the issuance of the decision or notice of violation, the decision or violation becomes final.
   (B)   The Town Engineer will review the appeal and will either reverse his decision or send the decision and notice to the Construction Board of Adjustment. The notice of appeal shall state the specific reasons why the violation or decision of town staff is alleged to be in error.
   (C)   The Construction Board of Adjustment shall hear and determine such appeals in a quasi-judicial capacity, within 30 days or such other times as may be mutually agreed upon, and will render a decision within ten working days after the appeal has been heard.
   (D)   Any person aggrieved by the decision of the Construction Board of Adjustment may appeal the decision to the Town Court of Common Pleas in accordance with its rules and procedures.
(Ord. 07045, passed 8-14-07)
§ 153.100 CHARGES AND FEES.
   (A)   Stormwater quality fee. In addition to all other charges, fees, and penalties, the town shall have the right to develop and impose a stormwater quality fee to fund implementation of these stormwater management and water quality regulations, and associated programs and plans. This fee is established by Town Council as specified on the latest Department of Engineering and Development Services fee schedule.
   (B)   Drainage inspection fee. The inspection fee for drainage systems is based upon per linear foot of roadway as determined by Town Council.
   (C)   NPDES inspection fee. The inspection fee for town NPDES site inspections shall be as follows:
      (1)   For single-family residences or sites of less than one acre.  
         (a)   The fee will be payable prior to the issuance of the building permit, with the submittal of a signed certificate of compliance, as provided in Chapter 155, Appendix B, § 13.
         (b)   The Town Council establishes a fee as specified on the latest Department of Engineering and Development Services fee schedule.
      (2)   For large residential and commercial developments that disturb one acre or greater.
         (a)   The fee will be payable prior to the issuance of a clearing and grading permit.
         (b)   This fee is established by Town Council, based upon the area of disturbed land as specified on the latest Department of Engineering and Development Services fee schedule.
   (D)    Reinspection fee. A fee as specified on the latest Department of Engineering and Development Services fee schedule shall be charged for any additional inspection required after the initial inspection of site work.
   (E)   Stop work fee. 
      (1)   An administrative fee as specified on the latest Department of Engineering and Development Services fee schedule shall be charged for the inspections and management associated with any stop work order issued.
      (2)   The fee will be payable prior to recommencement of work.
(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 18103, passed 1-8-19; Am. Ord. 24018, passed 5-16-24)
§ 153.110 CONNECTION TO CONVEYANCES.
   (A)   An encroachment permit is required for any connection to town drainage or street systems.
   (B)   No discharges except those allowed in § 153.043(B) and/or permitted as part of the town approved drainage system are allowed.
   (C)   All work performed in making connections to conveyances shall be performed in such a manner as to protect the stormwater systems from structural damages.
   (D)   Acceptable best management practices shall be utilized to protect the drainage systems from illicit discharges, including sediment intrusion. Systems polluted by these connection activities will require cleaning by the contractor performing the work.
(Ord. 07045, passed 8-14-07)
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