To secure compliance with the requirements of this chapter, violations thereof shall be subject to the enforcement provisions set forth under § 52B.101
. Additionally, compliance with the requirements set forth in the local zoning ordinances is also necessary. Compliance with all applicable ordinances of the city as well as with applicable State of Indiana statues and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this chapter shall be the most recent edition available.
(A) Definitions. For the purpose of compliance with and enforcement of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE. The act of correcting a violation or violations within the time frame specified by the city.
OFFENSE. Both a violation and a failure of compliance on a particular project constitute an offense. If there are multiple violations or multiple failures of compliance on the same project, each shall be considered a separate offense as further stated in § 52B.101
(C).
VIOLATION. Any action or inaction which violates the provisions of this chapter, the requirements of an approved stormwater management design plan or permit, and/or the requirements of a recorded stormwater maintenance agreement may be subject to the enforcement actions outlined in this subchapter. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief, in addition to and separate from the imposition of any of the enforcement actions described below.
(B) Warning notice. When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the city may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this section shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(Ord. 10-2024, passed 7-8-2024)