a. Penalties will be assessed according to the following table:
Extent of Violation
| |||||||
Potential for Harm
| Minor First Offense | Minor Subsequent Offense | Moderate First Offense | Moderate Subsequent Offense | Major First Offense | Major Subsequent Offense | |
Minor | $250 to $500 | $500 to $1,000 | $500 to $1,000 | $1,000 to $2,000 | $1,000 to $2,000 | $2,000 to $4,000 | |
Moderate | $375 to $750 | $750 to $1,500 | $750 to $1,500 | $1,500 to $3,000 | $1,500 to $3,000 | $3,000 to $6,000 | |
Major | $750 to $1,500 | $1,500 to $3,000 | $1,500 to $3,000 | $2,500 to $5,000 | $2,500 to $5,000 | $5,000 to $7,500 | |
Re-inspection fee | See Title II Storm Water Control Policy, Section 6 | ||||||
b. The MS4 operator shall determine the amount of the applicable penalty.
c. Nothing herein shall prevent the Town of Schererville, from taking such lawful action as is permitted under the Laws of the State of Indiana to prevent, remedy or correct any violation of this ordinance, as amended from time to time. All costs, including reasonable attorneys fees, incurred by the Town regarding enforcement of this ordinance to prevent, remedy or correct any violation shall accrue to the person or persons responsible therefore.
d. The use or development of any land or real estate which is continued, operated or maintained contrary to any of the provisions of this ordinance, as amended from time to time, is hereby declared to be a violation of this ordinance, and unlawful. The Town Attorney shall, immediately upon any such violation having been called to his or her attention, institute injunction, abatement, or other appropriate action to prevent, enjoin, abate or remove such violation. Such action may be instituted by any property owner also who may be especially damaged by any violation of this ordinance, as amended from time to time.
e. The remedies for enforcement provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by applicable law.
(Ord. No. 1708, 6-13-07)