(A) In the event the Madison SWCD, the MS4 Coordinator, or another regulatory agency determines the project is not in compliance with this subchapter and 327IAC Article 5,327IAC Article 15, and the forthcoming construction stormwater general permit to be adopted by the ERB, the town will undertake enforcement action. Enforcement of this subchapter shall be subject to the severity of the infraction and the construction site operator's efforts to comply. The town shall reserve the right to interpret enforcement on a case-by-case basis. Tiered enforcement will be practiced at the town's discretion. The tiered enforcement may include:
(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. The written letter may be in the form of a warning letter of noncompliance or a violation of notice;
(3) Warning of noncompliance with directions to the construction site operator that site conditions require immediate action;
(4) Stop work order; or
(5) In the event that any person with approval pursuant to this chapter violates the terms of the building permit or implements construction practices in such a manner as to materially adversely affect health, welfare or safety of persons residing or working in the neighborhood or project site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the town may suspend or revoke the building permit.
(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 will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator The town reserves the right to use the bonds or insurance if provided for the project in violation.
(Ord. 21-05, passed 3-11-21)