(A)   Violations. In the event that any person holding a erosion and sediment control permit pursuant to this subchapter 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 prosperity or improvements in the neighborhood, the MS4 operator may issue a:
      (1)   Written warning indicating actions deemed contrary to the erosion and sediment control permit which are required to be corrected and brought into compliance within 48 hours; or
      (2)   Stop-work order; revocation of erosion and sediment control permit in writing to any persons engaged in the doing or causing of such work to be done, and all persons shall forthwith stop such work until authorized by the MS4 operator to proceed with the work.
   (B)   Appeals. Upon receipt of a written violation resulting in penalties against an erosion and sediment control permit, the developer may, within 30 days of receipt of such violation, file a written appeal to the Town Council for review of the penalties.
      (1)   The Town Council shall complete its review within 60 days of receipt of said request for appeal. The Town Council’s determination on the appeal shall be in writing and set forth in detail the reason for its decision.
      (2)   In evaluating the appeal, the Town Council shall be bound by the standards and review criteria contained or referenced herein.
      (3)   All determinations of the Town Council arising out of this section shall be final.
(Ord. 36-2005, passed 7-11-2005) Penalty, see § 56.99