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Instead of enforcement proceedings, penalties, and remedies authorized by this chapter, the county may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
(BC Ord. 2024-09, passed 7-8-24)
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter may be deemed a threat to public health, safety, and welfare, and declared and deemed a nuisance that may be summarily abated or restored at the violator’s expense. Civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may also be taken. Costs, including attorney fees, for injunctive relief may be assessed against the violator.
(BC Ord. 2024-09, passed 7-8-24)
(A) The County Auditor shall establish a separate and dedicated non-reverting fund for the benefit of the County Stormwater Management Board, to be known as the “Stormwater Board Violation, Restoration, Abatement, and/or Penalty Fund”, to accept and hold deposits of violation and/or restoration abatement payments collected per § 54.16; for the acceptance of deposits for violation payments collected per § 54.19 for the summary abatement or restoration of a threat to public health, safety, and welfare that has been declared and deemed a nuisance; and for the acceptance of penalties collected per § 54.99.
(B) The Auditor shall hold such funds in one fund according to the Indiana State Board of Accounts requirements in such a manner that specific funds can be identified and traced to each separate enforcement, restoration, abatement, and/or penalty action.
(C) The Auditor shall disburse such funds when authorized by the County Stormwater Management Board by proper resolution moved, seconded, and receiving a majority affirmative vote. Such disbursement resolution shall also provide sufficient information so that the Auditor may ascertain to whom such disbursement is to be made.
(D) The Stormwater Board Violation, Restoration, Abatement, and/or Penalty Fund shall be perpetual until terminated by the terms of this section or by enactment of a subsequent ordinance or amendment. In the event the Stormwater Board Violation, Restoration, Abatement, and/or Penalty Fund is terminated for any reason, the disposition of the fund balance, if any, shall be determined by the Board.
(BC Ord. 2024-09, passed 7-8-24)
Any person who has violated or continues to violate this chapter shall be liable to civil penalties to the fullest extent of the law, and shall be subject to a fine of up to $2,500 per violation per day. Each day a violation continues after the original notification shall be deemed a separate offense under this chapter.
(BC Ord. 2024-09, passed 7-8-24)