[Ord. No. SW-1, 10-14-2004]
(a)
Any person violating any provision of this article, except as provided in Subsection (b) of this section, shall be responsible for a municipal civil infraction.
(b)
Any person who neglects or fails to comply with a stop work order issued under Section 14-195 shall, upon conviction, be guilty of a misdemeanor.
(c)
Any person who aids or abets a person in a violation of this article
shall be subject to the sanctions provided in this section.
[Ord. No. SW-1, 10-14-2004]
Where there is work in progress that causes or constitutes in
whole or in part, a violation of any provision of this article, the
Township is authorized to issue a stop work order so as to prevent
further or continuing violations or adverse effects. All persons to
whom the stop work order is directed, or who are involved in any way
with the work or matter described in the stop work order, shall fully
and promptly comply therewith. The Township may also undertake, or
cause to be undertaken, any necessary or advisable protective measures
so as to prevent violations of this article or to avoid or reduce
the effects of noncompliance herewith. The cost of any such protective
measures shall be the responsibility of the owner of the property
upon which the work was performed.
[Ord. No. SW-1, 10-14-2004]
In addition to any other remedies, should any owner fail to
comply with the provisions of this article, the Township may, after
the giving of reasonable notice and opportunity for compliance, have
the necessary work done, and the owner shall be obligated to promptly
reimburse the Township for all costs of such work.
[Ord. No. SW-1, 10-14-2004]
When emergency measures are necessary to moderate a nuisance,
to protect public safety, health and welfare, and/or to prevent loss
of life, injury or damage to property, the Township is authorized
to carry out or arrange for all such emergency measures. Property
owners shall be responsible for the cost of such measures made necessary
as a result of a violation of this article and shall promptly reimburse
the Township for all of such costs.
[Ord. No. SW-1, 10-14-2004]
A discharger shall be liable for all costs incurred by the Township
as the result of causing a discharge that produces a deposit or obstruction,
or causes damage to, or impairs a storm drain, or violates any of
the provisions of this article. Costs include, but are not limited
to, those penalties levied by the EPA or MDEQ for violation of an
NPDES permit, attorney fees, and other costs and expenses.
[Ord. No. SW-1, 10-14-2004]
Costs incurred by the Township and the OCDC pursuant to Sections 14-195, 14-196, 14-197 and 14-198 shall be a lien on the premises which shall be enforceable in accordance with Public Act No. 94 of 1933 (MCL 141.101 et seq.). Any such charges which are delinquent for six months or more may be certified annually to the Township Treasurer, who shall enter the lien on the next tax roll against the premises and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien for taxes. In addition to any other lawful enforcement methods, the Township or the drain commissioner shall have all remedies authorized by such Act.
[Ord. No. SW-1, 10-14-2004]
Any person to whom any provision of this article has been applied
may appeal in writing, not later than 30 days after the action or
decision being appealed from, to the Township Board the action or
decision whereby any such provision was so applied. Such appeal shall
identify the matter being appealed, and the basis for the appeal.
The Township Board shall consider the appeal and make a decision whereby
it affirms, rejects or modifies the action being appealed. In considering
any such appeal, the Township Board may consider the recommendations
of the Township Engineer and the comments of other persons having
knowledge of the matter. In considering any such appeal, the Township
Board may grant a variance from the terms of this article so as to
provide relief, in whole or in part, from the action being appealed,
but only upon finding that the following requirements are satisfied:
(1)
The application of the article provisions being appealed will present
or cause practical difficulties for a development or development site;
provided, however, that practical difficulties shall not include the
need for the developer to incur additional reasonable expenses in
order to comply with the article; and
(2)
The granting of the relief requested will not substantially prevent
the goals and purposes sought to be accomplished by this article,
nor result in less effective management of stormwater runoff.
[Ord. No. SW-1, 10-14-2004]
(a)
Suspension due to illicit discharges in emergency situations. The
Township may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge, which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons,
or to the MS4. If the violator fails to comply with a suspension order
issued in an emergency, the Township may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or the environment,
or to minimize danger to the health or welfare of persons.
(b)
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have the person's
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Township will notify a violator of the proposed
termination of the violator's MS4 access. A person commits an
offense if the person reinstates MS4 access to premises terminated
pursuant to this section, without the prior approval of the Township.
