Any of the following enforcement actions may be taken when a violation
occurs.
A. Complaints and orders. The Department may serve a written
complaint on an alleged violator, stating the provisions violated, if the
Department determines that there has been a violation of:
(1) A provision of these regulations.
(2) A forest stand delineation, forest conservation plan
or maintenance agreement.
(3) An administrative order issued under these regulations.
B. The Department may issue a stop-work order against a
person who violates a provision of this chapter or a regulation, order, approved
forest conservation plan or maintenance agreement.
C. The Department may seek an injunction requiring the person
to cease violation of these regulations and take corrective action to restore
or reforest an area.
D. The Department may suspend or revoke a forest conservation
plan or forfeit a bond on a forest conservation plan on failure of the violator
to comply with the requirements of an administrative order.
E. The Department may suspend or revoke a plan after notice
of the violation has been provided if the Department determines that one or
more of the following has occurred:
(1) Failure of a violator to ensure a financial security
in accordance with the requirements and procedures set forth in this chapter.
(2) Failure to comply with the requirements of an administrative
action or order issued under these regulations.
(3) Misrepresentation in the application process or failure
to disclose a relevant or material fact.
(4) Violation of a forest conservation plan requirement.
(5) Deviation from the conditions, specifications or requirements
of a plan.
F. Except as provided for emergency actions, the Department
may not suspend or revoke a forest conservation plan unless the Department
first gives the violator written notice, by certified mail, of the specific
facts that warrant suspension or revocation.
The Department may issue an administrative order requiring the violator
to take corrective action within a certain time period. The corrective action
may include an order to stop the violation, stop all construction work at
the site of a regulated activity or restore or rectify unlawfully cleared
areas.
A complaint, order or other administrative notice issued by the Department
shall be served on the owner or his agent, the violator of the property on
which the alleged violation is occurring or the violator's agent at the
activity site or by certified mail to the violator's last known address.
An order issued under this regulation is effective immediately, according
to its terms, when it is served.
[Amended 7-6-2004 by Bill No. 2004-6]
In the event that any person develops land or engages in regulated activities
in violation of this chapter without an approved forest conservation plan
and any other required development approvals and permits, the county shall,
after first giving the developer the opportunity to comply, have the right
to enter upon the property being developed and afforest or reforest the property
in accordance with the thresholds and standards of this chapter and the manual.
The county may instead undertake off-site afforestation or reforestation if
this would better serve the purposes of this chapter. In either case, the
county shall charge all afforestation and reforestation costs incurred by
it against the developer, including but not limited to consultant fees and
overhead and administrative costs. Unless the charges are paid or appealed
to the Board of Appeals within thirty (30) days after billing by the county,
they shall become a final lien on the property being developed and shall,
in every respect, be treated as county real estate taxes. The county's
right to mitigate and recover its costs shall be in addition to the fines
and other sanctions it may impose under this chapter.