§ 155.999 PENALTY.
   (A)   The violation of any provision of § 155.001 or any of the provisions of §§ 155.020 through 155.027 is a Class C misdemeanor. Each day that a violation occurs shall constitute a separate offense.
   (B)   If, as the result of the violation of any provision of § 155.001 or any of the provisions of §§ 155.015 through 155.020, the city or any other party suffers damages and is required to make repairs and/or replace any materials, the cost of repair and/or replacement shall be borne by the violating party and shall be in addition to any criminal or civil fines and/or penalties.
   (C)   Violators of § 155.001 or any of the provisions of §§ 155.015 through 155.020 may also be subject to prosecution, fines, and penalties from the State of Utah and the United States EPA.
   (D)   The violation of any of the provisions of §§ 155.040 through 155.043 shall be a Class C misdemeanor. Each day that a violation occurs shall constitute a separate offense.
   (E)   Violators of §§ 155.040 through 155.043 are also subject to any penalties that may be imposed by the state, under the authority of the state's Water Quality Act, UCA Title 19, Chapter 5.
   (F)   In addition to any criminal fines and/or penalties which may be assessed for a violation of any of the provisions §§ 155.040 through 155.043, the city shall have the right to issue a stop work order or to install and/or maintain appropriate erosion and sediment control measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed as required by §§ 155.040 through 155.043. The city shall have the right to have such measures installed or maintained by city personnel or to hire a private contractor to perform such work, and the contractor and/or the property owner shall be liable for any and all expenses related to performing such work plus a 25% penalty charge. The city may assess said charges against the financial guarantee posted by the contractor and/or property owner.
   (G)   Any person owning or maintaining facilities or structures in the public way who fails to alter, modify, or relocate such facilities or structure upon notice by the city shall be guilty of a class B misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.
(Ord. 05-2024, passed 2-7-2024)