A.
Whenever the municipality finds that a person has
violated a prohibition or failed to meet a requirement of this chapter,
the municipality may order compliance by written notice to the responsible
person. Such notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices,
or operations;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation
costs;
(6)
The implementation of stormwater BMPs; and
(7)
Operation and maintenance of stormwater BMPs.
B.
Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality or designee and the expense
thereof shall be charged to the violator.
C.
Failure to comply within the time specified shall
also subject such person to the penalty provisions of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
the municipality from pursuing any and all other remedies available
in law or equity.
A.
Any building, land development or other permit or
approval issued by the municipality may be suspended or revoked by
the municipality for:
(1)
Noncompliance with or failure to implement any provision
of the permit;
(2)
A violation of any provision of this chapter; or
(3)
The creation of any condition or the commission of
any act during construction or development which constitutes or creates
a hazard or nuisance, pollution or which endangers the life or property
of others.
B.
A suspended permit or approval shall be reinstated
by the municipality when:
C.
A permit or approval which has been revoked by the
municipality cannot be reinstated. The applicant may apply for a new
permit under the procedures outlined in this chapter.
A.
Any person violating the provisions of this chapter
shall be guilty of a misdemeanor and, upon conviction, shall be subject
to a fine of not more than $1,000 for each violation, recoverable
with costs, or imprisonment of not more than 30 days, or both. Each
day that a violation continues shall be a separate offense.
B.
In addition, the municipality, through its Solicitor,
may institute injunctive, mandamus or any other appropriate action
or proceeding at law or in equity for the enforcement of this chapter.
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.
Any person aggrieved by any action of the municipality
or its designee relevant to the provisions of this chapter may appeal
to the relevant judicial or administrative body according to law,
within the time period allowed.