§ 53.224 ENFORCEMENT.
   The city shall be responsible for the enforcement of this subchapter. The Planning and Zoning Director, Chief Enforcement Officer, or their duly authorized representatives have the authority to issue notices of violation (NOVs, stop work orders (SWOs), and levy fines as described below.
   (A)   Enforcement shall include the following outline, with five working days being allowed for the correction of each non-compliant occurrence before the next enforcement action for that occurrence is administered:
      (1)   First occurrence non-compliance - issue notice of violation (NOV). Only one NOV will be issued for an offense before stop work orders (SWO) are utilized. An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced through a stop work order.
      (2)   Second occurrence or continued non-compliance - first stop work order includes a $250 penalty, or fine payable to the city prior to release.
      (3)   Third occurrence or continued non-compliance - second stop work orders includes a $500 per calendar day fine payable to the city that will accrue until the site is brought back into compliance. Additionally, a complaint will be filed with Kentucky Division of Water.
   (B)   For violations where nor a grading or building permit has been issued, the city will notify the responsible party and cooperate for resolution prior to enforcement. Should the responsible party not cease the land disturbance activity or demonstrate a history of non-compliance of the same nature, the city may request the City Attorney to seek to obtain injunctive relief.
   (C)   Six calendar days after posting a stop-work order, the city may issue a notice of intent to the permittee, landowner, or land user stating the city’s intent to perform work necessary to comply with the ordinance. The city may go on the land and commence work after 14 days from issuing the notice of intent. The costs incurred by the city to perform this work shall be paid by the landowner or permittee out of the fiscal surety referred to in this subchapter, to the extent that the amount is covered thereby, with the remainder being directly due and owed by the landowner or permittee. In the event no grading or building permit was issued or no construction guarantee was posted, the cost, plus interest at the rate authorized by the city, plus a reasonable administrative and attorneys fee shall be billed to the owner. Failure to reimburse the city within 30 days will result in a lien being placed on the property.
   (D)   Compliance with the provisions of this subchapter may also be enforced by injunction.
   (E)   The city is authorized to require immediate abatement of any violation of this subchapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the city is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. The cost, plus interest at the rate authorized by the city, plus a reasonable administrative and attorneys fee shall be billed to the owner. Failure to reimburse the city within 30 days of notice will result in a lien being placed on the property.
   (F)   Any person, firm, corporation or agency acting as principal, agent, employee or otherwise, who fails to comply with the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $100 and not more than $500, or by imprisonment for not more than 90 days, or both, for each separate offense. Each day there is a violation of any part of this subchapter shall constitute a separate offense.
   (G)   For the purpose of this subchapter, the ultimate party responsible for assuring compliance with the conditions set forth is the property owner.
(Ord. 12-52, passed 12-11-12)