(a) All property located within the Village is subject to inspection by the Village and/or its authorized agent(s) to ensure compliance with the provisions of this chapter.
(b) Notice of Violation. When the Village finds that any person, entity, owner, occupant or facility has violated a provision or failed to meet a requirement of this chapter, the Village shall order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered and/or sent by certified mail or regular mail to the owner/operator of the facility.
(1) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. The Notice of Violation shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated. All costs of remediation shall be at the facility's owner's sole expense.
(2) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation, unless an undue hardship is presented to the Village, and the Village grants additional time for abatement.
(c) Stop Work Orders.
(1) Upon notice from the Village and/or its authorized agent that work is being done contrary to this chapter, such work shall immediately stop. The Village Engineer shall provide written notice to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the Village and/or its authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(2) Subsequent to the issuance of a stop-work order, the Village may issued fines and/or enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The Village Engineer and/or his or her authorized agent, on behalf of the Village, may request the Law Director to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter.
(4) After the issuance of a stop work order, but before the imposition of any fines, the applicant shall have five business days to request a meeting with the Law Director and Village Engineer to show cause why work should not be stopped.
(5) Following the issuance of a stop-work order, the Village shall determine if and when the development may proceed. Any determination by the Village pursuant to this section is a final order for purpose of judicial review.
(6) The imposition of any other penalties provided herein shall not preclude the Village instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or chapters, or the orders of the Village.
(Ord. 2015-3-5. Passed 4-7-15; Ord. 2017-3-16. Passed 5-2-17.)