Article 7: The following is substituted for article 7 of the county ordinance:
Article 7. Enforcement And Penalties
9-151. Inspection And Maintenance Authority. The village may, upon 30 days' notice to the owner or occupant, enter upon any lands or waters within the village for the purpose of inspecting and/or maintaining any storm water facilities or causing the removal of any obstruction of an affected watercourse.
9-152. Required Inspections. Any development constructed pursuant to a storm water management permit may be periodically inspected by the administrator to ensure its conformity with this ordinance and the terms and conditions of its permit.
9-153. Offenses.
(a) Any person who violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of any provision of this ordinance (ordinance violation), or any requirement or condition in any permit issued pursuant to this ordinance (permit violation), and, in the case of a permit violation, fails to correct such violation, omission or neglect, or cease such disobedience, refusal or resistance after notice and reinspection as provided below, shall be guilty of an offense under this ordinance.
(b) Whenever the administrator determines that a permit violation exists, he shall serve notice of the violation in the manner prescribed in this ordinance to the permittee. Such notice shall state the nature and violation and fix a date not less than 10 days after the date of the notice when the site will be reinspected.
9-154. Offenses - Penalties; Remedies.
(a) Any person found guilty of an offense under this ordinance shall pay a civil fine in an amount not less than $25.00 and not more than $750.00. Each calendar day during which such violation continues to exist shall constitute a separate offense.
(b) In addition to any fine imposed under this section, the administrator may revoke any storm water management permit issued to such person.
(c) In addition to any fine imposed or permit revocation undertaken pursuant to this section, the administrator may issue an order requiring the suspension of any further work on the site. Such stop-work order shall be in writing, shall indicate the reason for its issuance, and shall specify the action, if any, required to be taken in order to resume work. One copy of the stop-work order shall be posted on the site in a conspicuous place and one copy shall be served in the same manner above prescribed upon the permittee, if any, or if none, upon the person in whose name the site was last assessed for taxes as disclosed by the records of the county supervisor of assessments.
(d) In the enforcement of this ordinance, the administrator may bring any action, legal or equitable, including an action for injunctive relief, as he may deem necessary.
(Ord. 2001-04, 5-21-2001, eff. 12-15-2001)
Article 16: The following is substituted for article 16 of the county ordinance: (2011 Code)
Article 16.Fee Schedule
The following fees and charges shall, in addition to other costs prescribed the village code, be applicable to this ordinance:
A.
1. Professional fees and costs incurred by the village as provided in title 3, chapter 5 of the village code.
2. Variance application fee: $1,000.00 plus other fees in this article.
3. Reimbursement of all out-of-pocket costs incurred by the village.
4. Escrow for costs in an amount determined by the administrator pursuant to article 12.
5. $500.00 for review of tracts less than two acres.
6. $1,000.00 for review of tracts greater than 5 acres and less than 10 acres.
7. $1,000.00 plus $5.00 per acre for review of tracts greater than five acres.
B. Fee-In-Lieu Of Site Runoff Storage.
(a) The administrator may require, or in the limited circumstances prescribed in article 2 of the Pingree Grove storm water management ordinance, an applicant may request approval of, the payment of a fee-in- lieu of site runoff storage to fulfill all or part of the site runoff storage requirement for a development. The fee to be paid in lieu of site runoff storage shall be the lesser of:
(1) The fee for each acre-foot or part thereof of storage otherwise required computed under a schedule adopted for such purpose by the permitting authority; or
(2) The verifiable cost of otherwise providing the required storage, including the value of the land required and all construction costs. For this purpose, the land required shall be valued according to the use to which it will ultimately be put if not used to provide the required storage.
(b) An applicant's requirement for approval of the payment of a fee-in-lieu of site runoff storage shall be submitted to the administrator. The administrator shall grant or deny the request within 45 days, unless the applicant agrees to an extension.
(Ord. 2001-04, 5-21-2001, eff. 12-15-2001)
(c) Fees paid pursuant to this article shall be deposited by the clerk or finance director in a separate fund created for such purpose. Provisions shall be made so that all receipts and disbursements of such funds may be accounted for according to the individual watershed in which the development for which they were paid was located.
(Ord. 2001-04, 5-21-2001, eff. 12-15-2001; amd. 2011 Code)
(d) Fees paid pursuant to this article may be expended to plan, design, construct or improve storm water management systems within the watershed in which the development for which they were paid was located if such expenditure is consistent with a watershed or interim watershed plan or floodplain study.
(Ord. 2001-04, 5-21-2001, eff. 12-15-2001)
Article 17: The following is substituted for article 17 of the county ordinance: (2011 Code)
Article 17. Administration And Oversight
1. The village president shall be the administrator of this ordinance. However, the administrator may designate or employ others within and outside the village to assist in his administration hereof.
2. The oversight committee, with reference to section 1004, shall be appointed by the president, with the advice and consent of the board of trustees. The committee shall consist of five persons who may or may not be residents of the village. The president shall be an ex-officio member and shall designate the chairperson.
3. Each member of the committee shall be appointed for a term of two years.
4. No permit required under this ordinance shall be issued without approval by the board of trustees.
(Ord. 2001-04, 5-21-2001, eff. 12-15-2001)