(A) Enforcement of this chapter shall be subject to the severity of the infraction and the property owner’s or site operator’s efforts to comply. Tiered enforcement will be practiced at the county’s discretion. The tiered enforcement may include:
(1) Verbal warning to the owner or operator to make corrections of identified deficiencies;
(2) Written warning to the owner or operator to make corrections within a specified time, but not less than 72 hours. The specified time shall account for issues such as the severity of the problem, pending weather, seasonal conditions, and the level of effort necessary to correct the problem;
(3) Written warning of non-compliance with directions to the owner or operator that site deficiencies require corrective action within 72 hours;
(4) Stop-work order.
(a) If deficiencies in a written warning of non-compliance are not resolved 72 hours after receipt of written notification, the county may issue a stop-work order or may revoke the owner’s
stormwater approval, in which event all construction work shall cease until and unless the county determines that compliance has been obtained.
(b) Any person who neglects or fails to comply with a stop-work order may be fined for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense, and shall make the violator liable for the imposition of a fine for each day. The county may assess a permit-reinstatement fee.
(c) The county may issue a stop-work order and may suspend or revoke stormwater approval if any of the work is being conducted 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 to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(B) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the county or a contractor, and the expense thereof, including court costs and attorney fees, shall be charged to the violator.
(C) If the property owner fails to complete the corrective actions and the work is completed through the county or a contractor, the county will provide a letter to the property owner of the work completed, copies of all invoices paid by the county, and a log of all hours spent by county personnel and/or its designated contractor. If the amount contained in the notification is not paid within 30 days of the receipt of the bill, the county may certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification, and the amounts shall be collected as delinquent taxes are collected per I.C. 36-1-6-2.
(BC Ord. 2024-09, passed 7-8-24)