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 Rock Hall 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.
A violation of this chapter shall be punishable as a Class A municipal infraction, subject to Chapter 153, Municipal Infractions, of the Code. Violators may be assessed a fine not to exceed $500. Repeat offenders may be assessed a fine not to exceed $1,000 for each repeat offense.
B.
Neither the issuance of a permit under the provisions of this chapter
nor the compliance with the provisions hereof or with any condition
imposed by the approving authority shall relieve any person from any
responsibility for damage to persons or property, including public
utilities or services, otherwise imposed by law or impose any liability
upon the Town of Rock Hall for damages to persons or property. The
approving authority shall not be responsible for damage to downstream
properties for the failure of any work done pursuant to this chapter.
C.
In addition to the criminal and civil penalties provided for herein,
enforcement procedures for violations of the stormwater management
provisions of this chapter may also consist of any one or a combination
of the following actions:
(1)
When the approving authority determines that a violation of the approved
stormwater management plan has occurred, the approving authority 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 of Rock
Hall 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)
The approving authority 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)
The approving authority 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 approving authority 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.
If any portion of this chapter is held invalid or unconstitutional,
such portion shall not affect the validity of the remaining portions
of this chapter. It is the intent of the Town of Rock Hall that this
chapter shall stand, even if a section, subsection, sentence, clause,
phrase, or portion may be found invalid.
And be it further enacted that this chapter shall take effect
on August 11, 2011.
