(A) Enforcement of this chapter shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. Tiered enforcement will be practiced at the town’s discretion. The tiered enforcement may include the following:
(1) Verbal warning to the construction site operator to make corrections;
(2) Written warning to the construction site operator to make corrections within a specified period of time. The period of time shall take into account issues such as the severity of the problem, pending weather, seasonal conditions and the level of effort necessary to correct the problem;
(3) Warning of noncompliance with directions to the construction site operator that site conditions require immediate action;
(4) Civil penalty; and
(5) Stop work order.
(B) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by a designated governmental agency or a contractor and the expense thereof, including court costs, shall be charged to the violator.
(C) The notification will include copies of all invoices paid by the town, and a log of all hours spent by town personnel (or its designated contractor). If the amount contained in the notification is not paid within 30 days of the receipt of the bill, the town may certify to the Auditor of the county 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.
(Ord. 2006-30, passed 10-25-2006)