(A) Violations. In the event that any person holding a site development permit pursuant to this chapter 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 permit which are required to be corrected and brought into compliance within 48 hours; or
(2) Stop-work order; revocation of 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) Penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished by a fine of not more than $2,500 for each offense. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(C) Appeals. Upon receipt of a written violation resulting in penalties against a site development permit, the developer may, within 30 days of receipt of such violation, file a written appeal to the Utility Board for review of the penalties.
(1) The Board shall complete its review within 60 days of receipt of said request for appeal. The Board'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 Board shall be bound by the standards and review criteria contained or referenced herein.
(3) All determinations of the Board arising out of this section shall be final.
(Ord. 04-2514, passed 10-4-04)