(A) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. Any person who has violated or continues to violate the provisions of this subchapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(B) Notice of violation. Whenever the Town Engineer or Storm Water Coordinator finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the Storm Water Coordinator shall order compliance by written notice of violation to the responsible person. However, in the event that an emergency exists and immediate action is required, the town may abate or remedy the emergency, and the notice may be given after said remediation has already occurred. In the event of such an emergency, the Town Engineer or Storm Water Coordinator shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(C) Notice content.
(1) The notice of violation shall contain:
(a) The name and address of the owner and violator;
(b) The address, when available, or a description of the building, structure or land upon which the violation is occurring or has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the illegal activity into compliance with this subchapter and a time schedule for the completion of such remedial action, which may include designating that the violation requires immediate action, i.e., 24 hours or less and/or a description of the remedial measures that were necessary to bring the illegal activity into compliance with this subchapter that were already taken by the Town Engineer or Storm Water Coordinator; and
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(2) The notice may require:
(a) The performance of monitoring, analyses and reporting;
(b) The elimination of illicit connections or discharges;
(c) The cessation of violating discharges, practices or operations;
(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(e) The payment of a fine to cover administrative and remediation costs; and
(f) The implementation of pollution prevention practices.
(D) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the Storm Water Coordinator to the Board. A written notice of appeal must be received by the Storm Water Coordinator within 15 days from the date of the notice of violation. A hearing on the appeal before the Board shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the Board shall be final.
(E) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within 30 days of the Board’s ruling upholding the decision of the Storm Water Coordinator, then the Storm Water Coordinator shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(F) Cost of abatement of the violation. Within 30 days after abatement of the violation, the owner of the property and violator shall be billed for the cost of abatement, including administrative costs. The notification shall include copies of all invoices paid by the town and a log of all hours spent by town personnel. If the amount due is not paid within 30 days of receipt of the bill, the town shall certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification, and said amounts shall be collected as delinquent taxes are collected, pursuant to I.C. 36-1-6-2.
(G) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this subchapter, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is deemed a threat to public health, safety and welfare and is declared a nuisance and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.
(Ord. 2006-15, passed 8-23-2006) Penalty, see § 153.99