(A) The Director upon his or her own initiative or at the request of any person may conduct an investigation into a certified community’s implementation and enforcement of this chapter. The investigation may include, without limitation, making an inspection of all relevant records maintained by the community and making field inspections of relevant developments, structures or stormwater facilities. If, upon the investigation, the Director determines that the community has failed in some significant way, or has repeatedly failed, to implement or enforce this chapter, then he or she shall prepare a report of his or her findings along with a complaint for the revocation or partial revocation of the community’s certification and then file the same with the Committee. The complaint shall contain a short and plain statement describing how the certified community has failed in some significant way, or has repeatedly failed, to implement or enforce this chapter.
(B) Upon receipt of a written complaint, the Committee shall serve a copy thereof along with a copy of the report of the Director upon the community named therein. A copy of the complaint and report shall also be sent to IDNR-OWR, FEMA, all communities within the same watershed, and to any person who has requested an investigation of the community’s enforcement of this chapter by the Director within six months immediately preceding the filing of the complaint. The Community may file a written answer to the complaint within 30 days after being served.
(Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004)