(A) Upon determination that a violation of any of the provisions of this chapter or the SWMP has occurred, the Stormwater Administrator may give timely notice at the property where the violation has occurred or at the address of the permit holder. To the furthest extent practicable, written notice shall be provided within five business days of the observed violation. This notice shall specify: the nature of the violation, the potential penalty, if applicable, the corrective action required, which may include restoration of impact to offsite land and waters, and the amount of time in which to correct deficiencies, if appropriate. It shall be sufficient notification to deliver the notice to the person to whom it is addressed via email or by placing written notice in the on-site construction mailbox, or by depositing a copy of such in the United States Mail, sufficient postage prepaid, certified and addressed to the address used for tax purposes.
(B) Upon determination that a violation of any of the provisions of this chapter or the SWMP has occurred, the county may choose to pursue in magistrate court action for criminal fines and penalties to the maximum extent allowed by law. The county may also choose, at its sole discretion, to proceed with imposing civil fines and corrective action requirements via a consent process. The consent process consists of the following procedures: First, the county’s Stormwater Administrator shall hold a fact finding meeting with the violator. Second, the Stormwater Administrator shall develop a draft consent agreement that contains corrective actions and penalties based on the facts found. Third, the draft consent agreement is presented to the violator which may be negotiated for a mutually agreeable action resolution. Should the parties fail to agree on the consent agreement terms, the administrative process shall conclude and the Stormwater Administrator will present an administrative order to be enforced against the violator to the fullest extent of the violations issued. Where the violator refuses to comply with the administrative order, the county may pursue criminal and/or civil penalties for all violations as authorized by this chapter in a court of competent jurisdiction. Nothing in this section shall limit the ability of the county to pursue corrective action, including, but not limited to, stop work orders under § 152.065.
(C) Notwithstanding the foregoing, at all times, the County Attorney or associated legal counsel may institute injunctive, mandamus or other appropriate action or proceedings at law or equity, including criminal proceedings, for the enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
(Ord. 2819, passed 6-17-19)