(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of such provisions or with any lawful requirements of an public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(b) If the SWCD and the City of Stow determines that a violation of the rules adopted under this section exists, the City of Stow shall issue an immediate stop work order if the violator failed to obtain any federal, state or local permit necessary for sediment and erosion control, earth movement, clearing or cut and fill activity. In addition, if the SWCD or the City of Stow determines such a rule violation exists, regardless of whether or not the violator has obtained the proper permits, the SWCD shall authorize the issuance of a notice of violation.
(c) If, after a period of not less than thirty (30) days has elapsed following the issuance of the notice of violation, the violation continues, the City of Stow shall issue a second notice of violation. Except as provided in subsection (f) hereof, if, after a period of not less than fifteen (15) days has elapsed following the issuance of the second notice of violation, the violation continues, the City of Stow shall issue a stop work order after first obtaining the written approval of the City of Stow Law Department if, in the opinion of the Prosecutor, the violation is egregious.
(d) Once a stop work order is issued, the City of Stow shall request, in writing, the City of Stow Law Department to see an injunction or other appropriate relief in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules adopted under this section.
(e) If the Prosecutor seeks an injunction or other appropriate relief, then, in granting relief, the Summit County Court of Common Pleas may order the construction of sediment control improvements or implementation of other control measures and may assess a civil fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00). Each day of violation of a rule or stop work order issued under this section shall be considered a separate violation subject to a civil fine.
(f) No stop work order shall be issued under this section against any public highway, transportation or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the City of Stow or the chief of the Division of Soil and Water Conservation in the Ohio Department of Natural Resources.
(g) Notwithstanding subsections (b) through (f) hereof, if the Mayor determines that a violation of any rule adopted or administrative order issued under this section exists, the Mayor may request, in writing, the City of Stow Law Department to see an injunction or other appropriate relieve in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules of order. In granting relieve, the Court may order the construction of sediment control improvements or implementation of other control measures and may assess a civil find of not less than one hundred or more than five hundred dollars. Each day of violation of a rule adopted or administrative order issued under this section shall be considered a separate violation subject to a civil fine.
(h) The City of Stow Planning Commission may deny the issuance of any further plat approvals for the property in question until the site is brought into compliance with this chapter.
(i) The City of Stow Building Department may suspend the issuance of occupancy certificates within developments that are not in compliance with this chapter.
(j) The City of Stow Engineering Department may suspend the inspection of site improvements and/or refuse the release of Bonds on developments that are not in compliance with this chapter.
(Ord. 2007-232. Passed 1-24-08.)
(Ord. 2007-232. Passed 1-24-08.)