(a) Enforcement. An authorized Soil Erosion Control Agent may issue a municipal civil infraction citation, stop work order, cease and desist order, or revoke a permit upon its findings that there is a violation of Part 91, the Rules, or this chapter, or a finding that there is a violation of a permit or an approved Soil Erosion and Sedimentation Control Plan.
(b) Notice of Determination. If the Village determines that soil erosion or sedimentation of adjacent properties or the waters of the State has or will reasonably occur from land in violation of Part 91, the Rules or this chapter, the Village may seek to enforce a violation by notifying the landowner through a notice of violation served in person or by certified mail, with return receipt requested, of its determination. The notice shall contain a description of the violation and what must be done to remedy the violation and shall specify a time to comply with Part 91, the Rules and this chapter.
(c) Compliance; Time. Within 5 days after a notice of violation has been issued under Section 1470.07(b) of this chapter, a person who owns land subject to Part 91, the Rules, or this chapter shall implement and maintain soil erosion and sedimentation control measures in conformance with Part 91, the Rules, or this chapter.
(d) Entry upon Land; Construction; Implementation, and Maintenance of Soil Erosion and Sedimentation Control Measures; Cost. Not sooner than 5 days after notice of violation has been served in person or mailed under Section 1470.07(b) of this chapter, if the condition of the land, in the opinion of the Village, may result in or contribute to soil erosion or sedimentation of adjacent properties or to the waters of the State, and if soil erosion and sedimentation control measures in conformance with Part 91, the Rules, and this chapter are not in place, the Village, or its designee, may enter upon the land and construct, implement, and maintain soil erosion and sedimentation control measures in conformance with Part 91, the Rules, and this chapter. However, the Village shall not expend more than $10,000 for the cost of the work, materials, labor, and administration without prior written notice in the notice of determination provided in Section 1470.07(b) of this chapter to the landowner that the expenditure of more than $10,000 may be made. If more than $10,000 is to be expended under this section, than the work shall not begin until at least 10 days after the notice of violation has been mailed by certified mail with return receipt requested.
(e) Reimbursement of Village’s Expenses; Lien for Expenses. All expenses incurred by the Village under Section 1470.07(d) of this chapter to construct, implement, and maintain soil erosion and sedimentation control measures to bring land into compliance with Part 91, the Rules, and this chapter shall be reimbursed to the Village by the landowner. The Village shall have a lien on the property for the expenses incurred under Section 1470.07(d) of this chapter of bringing the land into conformance with Part 91, the Rules, or this chapter. However, with respect to single family or multi-family residential property, the lien for such expenses shall have priority over all liens and encumbrances filed or recorded after the date of such expenditure. With respect to all other property, the lien for such expenses shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, 1893 PA 206, being 211.1 to 211.157 of the Michigan Compiled Laws.
(f) Violations; Penalties.
(1) A person who violates Part 91, the Rules or this chapter, is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than $2,500.00.
(2) A person who knowingly violates Part 91, the Rules or this chapter or knowingly makes a false statement in an application for a permit or in a Soil Erosion and Sedimentation Control Plan is responsible for the payment of a civil fine of not more than $10,000.00 for each day of violation.
(4) Civil fines collected under subsection (1) shall be deposited into the Soil Erosion and Sedimentation Control Fund. Civil fines collected under subsections (2) or (3) that are payable to the Village shall be deposited into the Village General Fund.
(5) A default in payment of a civil fine or costs ordered under this section or an installment of the fine or costs may be remedied by any means authorized under the Revised Judicature Act of 1961,1961 PA 236, as amended, being section 600.101 et seq. of the Michigan Compiled Laws.
(6) In addition to a fine assessed under this section, a person who violates Part 91, the Rules, or this chapter is liable to the State of Michigan for damages for injury to, destruction of, or loss of natural resources resulting from the violation. The court may order a person who violates this part to restore the area or areas affected by the violation to their condition as existing immediately prior to the violation.
(7) Lessees, contractors, or other individuals undertaking an earth change, as well as the landowner and on-site authorized agent, are liable for civil penalties prescribed in Section 1470.07(f).
(Ord. 93 A-1. Passed 1-12-11.)