Prior to the imposition of a fine, the intent of the city in enforcement of this chapter is, wherever possible, to work with and communicate with the person doing the land-disturbing activities.
(A) Stop work order.
(1) The city shall post a stop work order if:
(a) Any non-complying land-disturbing activity regulated under this chapter is being undertaken;
(b) The post-construction storm water plan is not being implemented in good faith; or
(c) The conditions of the permit are not being met.
(2) Upon appeal to the city’s Board of Public Works, a stop work order or the revocation may be retracted or modified.
(3) Ten days after posting a stop work order, the city may issue a notice of intent to the violator stating that 14 days after issuing the notice of intent the city will use the surety bond to perform the work necessary to provide compliance with this chapter.
(4) If, within five days after the expiration of the 14-day period, in division (A)(3) above, a permit holder does not comply with the erosion and sediment control plan or permit conditions, the city shall revoke the permit.
(5) (a) When the city finds that a person has violated, or continues to violate, any provision of this chapter, the city may impose an administrative fine against such person in an amount not to exceed that set out in § 152.999 on a per violation, per day basis, plus any administrative or remediation costs.
(b) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the person.
(6) Compliance with the provisions of this chapter also may be enforced by injunction.
(B) Cease and desist orders. When the city finds that a person has violated, or continues to violate, or that city determines that there is a danger to the public health, safety, welfare or economic impact, the city may issue an order to the person directing it to cease and desist all such violations and directing the person to:
(1) Immediately comply with all requirements;
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge; and
(3) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against person.
(Prior Code, § 59.1.14) (Ord. 68-2005, passed - -2005) Penalty, see § 152.999