(A) Penalties. In addition to the rights and remedies herein provided to the township, any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not exceeding $500 per day or per separate offense, or imprisonment for a period not exceeding 90 days, or both, at the discretion of the court. Each violation of this act shall be a separate offense and in the event of a continuing violation, each day during which the violation exists shall be deemed to be separate and distinct offense. Each day such violation is continued or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. The assessment of penalties shall not diminish the authority of the township to order the restoration of a damaged wetland and seek full restitution for such work, pursuant to division (D).
(B) Stop work orders. Whenever any work is performed contrary to the provisions of this chapter, the Township Supervisor or his/her agent shall order the work to cease by notice in writing served on any persons engaged in doing or causing such work to be performed, and any such persons shall, upon receipt of the order, shall forthwith stop such work until authorized by the Township Supervisor or his/her agent to proceed.
(C) Civil remedies. Any use of land or premises in violation of any provision of this chapter is declared to be a nuisance per se. Whenever any work is being done contrary to the provisions of this chapter, the township may commence judicial proceedings for injunction, mandamus, or other appropriate relief to prevent, enjoin, abate, correct, restore, or remove any violation of this chapter. The rights and remedies herein provided are civil in nature and in addition to any criminal remedies under this chapter or provided by state law.
(D) Investigation, restoration. The Township Wetlands Consultant or his/her agent, officer or employee shall have authority under this chapter to enter upon privately-owned land for the purpose of performing the township’s duties under this chapter and may take or cause to be made such examinations, surveys or samplings as are deemed necessary. In the event of a violation of this chapter, the Township Board shall have the power to order restoration of the damaged wetland by the owner of the property or the person or agent responsible for the violation. If the owner or person responsible does not complete the restoration measures within an ordered period of time, the Township Board may order the affected wetland restored to its prior condition and/or create or restore other wetlands for the purpose of offsetting losses sustained as a result of the violation. The owner or person responsible for the original violation shall be responsible to the township for the full cost of all such remedial activity.
(Ord. passed 3-5-2002; Ord., § 7.1, passed 9-7-2010)