§ 830. Enforcement, violation and remedies.

(a)

Written warning and notice to comply. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, for any first or second offense, a written warning and notice to comply shall be served upon that person.

(b)

Content of warning and notice. The notice shall set forth the measures necessary to achieve compliance and shall state that the violator shall have five days to correct the violation.

(c)

Stop-work order. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article, and the local issuing authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the local issuing authority shall issue an immediate stop-work order in lieu of a warning. For a third and each subsequent violation, the local issuing authority shall issue an immediate stop-work order. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(d)

Permit suspension, revocation or modification. A land-disturbance permit may be suspended, revoked, or modified by the department of public development as the local issuing authority, as to all or any portion of the land affected by the plans and permit, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(e)

Call of financial surety. If the applicant does not comply with this division or with the conditions of a land-disturbance permit after issuance, the department of public development as local issuing authority may call the financial surety or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance with the requirements of this article.

(f)

Revocation of business registration. If any person commences any land-disturbing activity requiring a land-disturbance permit as prescribed in this article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

(g)

Monetary penalties. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article, or who negligently or intentionally fails or refuses to comply with any stop work order issued as provided in this division shall be liable for a civil penalty not to exceed $2,500.00 per day. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(Ord. No. 17-003 , § 1, 10-2-2017)