A.
Erosion and sediment control inspection.
(1)
The SMO may require such inspections as he deems necessary to determine compliance with Articles I through V of this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of Articles I through V of this chapter and the SWPPP as approved. To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following, and/or as otherwise required by the SMO:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and developer
shall be notified, in writing, of the nature of the violation and
the required corrective actions. No further work shall be conducted
except for site stabilization until all violations are corrected and
all work previously completed has received approval by the SMO.
B.
Stormwater management practice inspections. The SMO
is responsible for conducting inspections of SMPs. The SMO may fulfill
the responsibility through a licensed/certified professional, retained
by the Village for such purpose, who shall report his findings to
the SMO. All applicants are required to submit as-built plans for
any SMPs located on site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including, but not limited to: routine inspections; random
inspections; inspections based upon complaints or other notice of
possible violations; inspections of drainage basins or areas identified
as higher-than-typical sources of sediment or other contaminants or
pollutants; inspections of businesses or industries of a type associated
with higher-than-usual discharges of contaminants or pollutants or
with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality
standards or the SPDES stormwater permit; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections
may include, but are not limited to: reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition
of drainage control facilities and other SMPs. The inspection must
be made by a licensed professional engineer or a certified professional
in erosion and sediment control.
E.
Right of entry for inspection. To the maximum extent permitted by law, when any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B of this section.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
in its approval of the SWPPP the Village may require the applicant
or developer to provide, prior to construction, a performance bond,
cash escrow, or irrevocable letter of credit, in its discretion, in
form satisfactory to the Village from an appropriate financial or
surety institution which guarantees satisfactory completion of the
project and names the Village as the beneficiary. The security shall
be in an amount to be determined by the Village based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Village, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Village. Per annum interest on cash
escrow deposits, if any, shall be reinvested in the account until
the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village with security in the form of
a cash escrow, a maintenance bond, or an irrevocable letter of credit,
in form satisfactory to the Village, from an approved financial institution
or surety to ensure proper operation and maintenance of all stormwater
management and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village may draw
upon the escrow, bond, or account, from time to time, to cover the
costs of proper operation and maintenance, including engineering and
inspection costs. To the extent that such escrow, bond, or letter
of credit, because of such draw, is no longer sufficient to ensure
the proper operation and maintenance of the facilities, the Village
may require an additional escrow, bond, or letter of credit.
The Village requires any person undertaking
land development activities regulated by this chapter to reimburse
the Village for costs of review of SWPPPs, inspections, or SMP maintenance
performed by the Village or performed by a third party for the Village.
A.
Notice of violation. When the SMO, his designee, or other designee of the Board of Trustees determines that a land development activity is not being carried out in accordance with the requirements of Articles I through V of this chapter, the SMO or Village Clerk may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or
applicant, if any.
(2)
The address, when available, or a description of the
building, structure, or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation may
be appealed to the Village Board of Trustees by filing a written notice
of appeal within 15 days of service of notice of violation.
(7)
If abatement of a violation and/or restoration of
affected premises are required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, if the violator fails to remediate
or restore within the established deadline, the work may be performed
by the Village and the expense thereof shall be charged to the violator
and, if unpaid within 30 days, become a lien upon the premises at
which the violation exists, and collected in the same manner as Village
real property taxes.
B.
Stop-work orders. The Superintendent of Buildings or the Village Clerk, upon recommendation of the SMO, his designee, or other designee of the Board of Trustees, may issue a stop-work order for violations of Articles I through V of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in Articles I through V of this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
D.
Penalties. In addition to or as an alternative to any penalty provided herein or elsewhere under applicable law, any person who violates any provision of Articles I through V of this chapter shall, upon conviction, be guilty of a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of two years, by a fine not less than $1,000, nor more than $5,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of two years, by a fine not less than $5,000, nor more than $10,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each and every day on which any such violation or failure occurs or continues shall constitute a separate violation.
[Amended 8-6-2015 by L.L.
No. 2-2015]
E.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of Articles I through V of this chapter, the Superintendent of Buildings or the Village Clerk, upon recommendation of the SMO, may prohibit the occupancy of said building or land.
[Amended 3-7-2019 by L.L.
No. 1-2019]
F.
Abatement and restoration of lands. Any violator of any provision of Articles I through V of this chapter may be required to abate a violation and/or restore land to its undisturbed condition or to such other condition as shall best protect the property and the adjacent properties from the problems of erosion and sediment deposits off the land that may be required as the result of actions of the violator, all in the discretion of the SMO. In the event that abatement and/or restoration is not undertaken within a reasonable time after notice, the SMO or the Superintendent of Buildings or the Village Clerk, upon recommendation of the SMO, may either:
[Amended 3-7-2019 by L.L.
No. 1-2019]
(1)
Direct that the remediation and/or restoration work
be performed with Village personnel and/or third-party contractors
and the cost thereof shall constitute a lien, charge, and levy upon
the real property in, on or upon which the violation exists until
it is paid or otherwise satisfied or discharged and shall be collected
by the Village Treasurer. Such charge shall include, among other things,
administrative, legal, and actual expenses incurred by the Village,
and shall be collected in the same manner provided by law for the
collection of delinquent taxes; or
(2)
Seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property, at the
cost and expense, including those of the litigation and the fees of
witnesses and attorneys, of the violator.
Any person or entity receiving a notice of violation with respect to any provision of Articles I through V of this chapter may appeal same within seven calendar days of the date of issuance of such notice, by submitting a written notice of appeal to the Board of Trustees. The appealing party shall be entitled to a hearing before the Board of Trustees or such other officer or employee or board of the Village designated by the Board of Trustees to conduct such hearing. The Board of Trustees or its designee shall consider such appeal within 30 days after the Village receives such notice of appeal, and shall render a decision with respect to such appeal within five business days after the close of the hearing conducted with respect to such appeal. A written decision shall be mailed to the appellant by the Village. At the hearing, the appellant shall have the right to present testimony and evidence relevant to the matter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
If the SMO or his designees are refused access to premises at which a violation of Articles I through V of this chapter is suspected, the SMO, the Superintendent of Buildings or the Village Clerk, upon recommendation of the SMO, may seek a municipal search warrant in the Village Justice Court or other court of competent jurisdiction for authority to enter upon such premises to determine whether a violation of Articles I through V of this chapter is occurring or is reasonably likely to occur if immediate action is not taken. Upon any determination that a violation has occurred, exists, or is reasonably likely to occur if immediate action is not taken, the Village may seek a court order permitting the Village to take any and all measures reasonably necessary to abate the violation and/or to prevent the violation from occurring or continuing, and/or to restore the premises. The cost of implementing and maintaining such measures shall be the sole responsibility, jointly and severally, of the property owner, the developer and the applicant, if any. In any such action, the Village shall be entitled to its legal costs and expenses, including the fees of attorneys and witnesses, as may be awarded by the court, and, if such fees, costs and expenses are not paid to the Village within 30 days of demand therefor, such fees, costs and expenses shall become a lien upon the premises in, on or upon which such violation has occurred and shall be collected in the same manner as Village property taxes are collected.
In addition to the enforcement processes and penalties provided under Articles I through V of this chapter, any condition caused or permitted to exist in violation of any provision of Articles I through V of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
