Any person who violates, disobeys, omits, neglects, refuses
to comply with or resists the enforcement of any provision of this
chapter, including, but not limited to, obtaining a required stormwater
management permit, violating a condition of an issued stormwater management
permit, or violating a stop-work order, shall be in violation of this
chapter and subject to various available legal or equitable actions,
remedies and penalties.
A.
Failure to comply with any of the requirements of this chapter shall constitute a violation, and any person convicted thereof shall be fined for each offense according to § 248-2 of the City Code. Each day the violation continues shall be considered a separate offense.
C.
Whenever the enforcement officer finds a violation of this chapter,
or of any stormwater management permit or stop-work order, within
his or her respective jurisdiction, the enforcement officer may pursue
any one or more of the following legal or equitable actions, remedies
and penalties against any person found to be in violation of this
chapter, including, but not limited to:
(1)
The enforcement officer may initiate a complaint and civil legal
action in a court of competent jurisdiction against any person in
violation of this chapter;
(2)
The enforcement officer may revoke any stormwater management permit
issued;
(3)
The enforcement officer may require the person to apply for an "after-the-fact"
stormwater management permit, including any and all supporting documentation
required thereto, for any unpermitted, unauthorized regulated development,
disturbance, or impact;
(4)
The enforcement officer may require the development site or impacted
area to be fully restored to its condition existing prior to the violation.
If it is not feasible or practical to fully restore the development
site or impacted area to the condition existing prior to the violation,
the enforcement officer may allow the development site or impacted
area to be restored to a condition that increases flood storage or
decreases stormwater runoff compared to the condition existing prior
to the violation;
(5)
The enforcement officer may issue a stop-work order requiring the
suspension of any further work on the development site. Such stop-work
order shall be in writing, indicate the reason for its issuance, and
require compliance with this chapter prior to completion of the activity
in violation;
(6)
The enforcement officer may take other legal action, including but
not limited to a temporary restraining order and other preliminary
or permanent injunctive relief necessary to prevent further harm or
violation and/or remedy any harm or violation that has already occurred,
and if applicable require removal, correction, remediation and/or
mitigation for said harm and violation. In addition to any fine or
other relief, all costs and expenses, including reasonable attorney's
fees incurred, may be recovered;
(7)
The enforcement officer may require removal, correction, remediation
and/or mitigation for any harm and violation that has occurred and
require that the area be fully restored to its condition prior to
such regulated development, disturbance or impact; and
(8)
The enforcement officer may, after notice is sent to the owner(s)
of the parcel(s) upon which the violation is located, record the complaint
filed, the notice of violation or any stop-work order against the
property at the McHenry County Recorder of Deeds' office.
