Any person aggrieved by the action of any official charged with
the enforcement of this chapter as the result of the disapproval of
a properly filed application for a permit, issuance of a written notice
of violation or an alleged failure to properly enforce the chapter
in regard to a specific application shall have the right to appeal
the action to the Galena Board of Appeals. The appeal shall be filed,
in writing, within 30 days of the date of official transmittal of
the final decision or determination to the applicant and shall state
clearly the grounds on which the appeal is based.
A.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not more than $5,000 or imprisonment not exceeding
one year, or both, for each violation with total cost not to exceed
$50,000. Each day that a violation continues shall be a separate offense.
In addition, the Town may institute injunctive, mandamus, or other
appropriate action or proceeding of law to correct violations of this
chapter. Any court of competent jurisdiction shall have the right
to issue temporary or permanent restraining orders, injunctions or
mandamus, or other appropriate forms of relief.
B.
Enforcement procedures for violations of the stormwater management
provisions of this chapter consist of any one or a combination of
the following actions:
(1)
When the inspection agency or an inspector determines that a violation
of the approved stormwater management plan has occurred, the inspector
shall notify the on-site personnel or the permittee in writing of
the violation, describe the required corrective action and the time
period in which to have the violation corrected.
(2)
A stop-work order shall be issued for the site by the Town if the
violation persists. If a person is working without a permit, the inspection
agency shall stop work on the site except activity necessary to provide
erosion and sediment control.
(3)
Bonds or securities shall be withheld or the case may be referred
for legal action.
(4)
A civil action or criminal prosecution may be brought against any
person in violation of the stormwater provisions of this chapter or
the Design Manual. Galena may deny the issuance of any permits to
an applicant when it determines that the applicant is not in compliance
with the provisions of a building or grading permit or approved erosion
and sediment control plan.
(5)
Galena may suspend or revoke any grading or building permits after
providing written notification to the permittee based on any of the
following reasons:
(a)
Any violation(s) of the terms or conditions of the approved
erosion and sediment control plan or permit.
(b)
Noncompliance with violation notices or stop-work orders issued.
(c)
Changes in site characteristics upon which plan approval and
permit issuance was based.
(d)
Any violation(s) of this chapter or any rules and regulations
adopted under it.
(6)
Any step in the enforcement process may be taken at any time, depending
upon the severity of the violation.
(7)
The Town shall receive complaints and initiate enforcement procedures
when violations are confirmed. Any complaint received shall be acted
upon routinely within three working days, and the complainant shall
be notified of any action or proposed action routinely within seven
working days of receipt of the complaint.
