(A) Stop-work order: revocation of permit.
(1) In the event that any person holding an erosion and sediment control permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city may suspend or revoke the erosion and sediment control permit and shall issue a “stop-work order”.
(2) Any person that constructs, enlarges, alters, repairs, or maintains any grading, excavation, or fill, or causes the same to be done, contrary to or in violation of any terms of this chapter shall be subject to a “stop-work order”.
(3) In the event of the issuance of a stop-work order, no work shall be conduct on the property for which the stop-work order was issued (excluding remedial work directed in a citation) until such time has the stop-work order has been withdraw in writing by the city.
(B) Violation.
(1) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person who violates this chapter may be cited for the appropriate violation and assessed the fine as set out in division (2)(c) below. In addition to the person conducting the operation in violation of this chapter, the owner or owners of the tract or parcel of land as reflected in the Property Valuation Office may be cited for the appropriate violation and fined as set out in division (2)(c) below.
(2) The form of the notice of violation of this chapter shall contain in substance the following information:
(a) A statement that the notice represents a determination that a violation of this chapter has been committed by the individual and/or owner of the property and that the determination shall be final unless contested as provided for herein;
(b) A statement of the specific violation for which the citation is issued and of the remedial measure necessary to be preformed to correct the citation;
(c) A statement of the monetary fine established for the violation;
(d) A statement of options for responding to the notice and the procedures necessary to exercise these options; and
(e) Whether a stop-work order has been issued and a statement that a request for a hearing hereunder will not result in the lifting or a stay of the stop work order.
(2) A citation issued pursuant to this chapter represents a determination that a violation thereof has been committed, and such determination shall be final unless contested as provided for herein.
(3) The notice of violation shall be hand-delivered or mailed to the violator, or mailed to the last known address of the owner or violator as listed in the P.V.A. Office.
(4) Any person who receives notice of a violation shall respond to such notice as provided in this section within seven (7) days of the date of the notice, by either paying the fine set forth in the notice and performing the required remedial work or requesting a hearing pursuant hereto. If the individual or owner does not respond to the notice by either paving the fine and performing the required remedial work or by requesting in writing with the City Clerk a hearing pursuant to this chapter, within seven days of the receipt of the notice, the individual or owner shall be deemed to have waived his or her right to a hearing and the determination that a violation was committed shall be considered final. Any person who fails to request a hearing and fails to pay the fine within seven (7) days shall be deemed to have refused to pay the fine levied by the citation. Thereupon the city shall have the right to forfeit any bond post hereunder. Additionally, the city may give notice to the property owner to the last known address of the owner as listed in the P.V.A. Office by certified mail that in the event that the owner does not perform the required remedial work within fourteen (14) days of the said notice the city shall at it sole option proceed to perform the remedial measure and shall have a lien upon the property for it costs including engineering and legal cost.
(5) Any person cited for a violation of this chapter may contest the determination that a violation occurred by requesting in writing a hearing before the hearing officer. Such hearing shall be held no later than fourteen (14) days from the date of receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed fourteen (14) days. No less than seven days prior to the date set for the hearing, the Board shall notify the violator or owner of the property of the date, time and place of the hearing. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have refused to pay the fine levied by the citation.
(6) At the hearing, after consideration of the evidence, the hearing officer shall determine whether a violation was committed. Where it has not been established that a violation was committed, an order dismissing the citation shall be entered. Where it has been established that a violation was committed, the hearing officer shall uphold the citation and remedial measures and order the violator or owner to perform the remedial measures and pay the citation within seven days. A copy of such order shall be furnished to the violator/owner. Any person ordered to pay the fine who fails to do so within seven days shall be deemed to have refused to pay the fine levied by the citation.
(7) An appeal from the hearing officer's determination may be made to the District Court of Pike County within seven (7) days of the hearing officer's determination. The appeal shall be initiated by the filing of a complaint and a copy of the hearing officer's order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden shall be upon the city to establish that a violation has occurred. If the court finds that a violation occurred, the owner shall be ordered to perform the remedial work and to pay the city all fines, fees, and penalties occurred as of the date of judgment. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation. The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(8) Upon information given by the Police Department or any other city employee that a violation fine has not been paid, a summons shall be issued against the offender directing the violator to appear at a specific time before the court of appropriate jurisdiction. Failure to pay a violation fine shall result in the violator being fined not less than fifty dollars ($50.00) or more than one thousand dollars ($1,000.00) or imprisoned for not more than fifty (50) days, or both for each offense. No summons shall be issued during the time in which said citation is being contested pursuant to the provisions of this chapter. In addition hereto, the city may also fill a civil suit to collect any unpaid fines, fees and penalties including it attorney fees and shall have a lien upon the real property of the person or company subject to the civil suit for unpaid fines and penalties.
(Ord. 0-2010-012, passed 7-12-10)