Any individual who has disturbed or is in the process of disturbing land as defined under Article II of this chapter, unless specifically exempted under Article IV of this chapter, without a current valid and appropriate erosion and sediment control permit shall be in direct violation of this chapter.
A.
Any person violating the provisions of this chapter shall be civilly
liable for a penalty of $300 for each and every violation, as deemed
appropriate by the court. Each day that the project is in violation
after notification shall be a separate violation of the ordinance
and subject to an additional penalty of $300 per day.
B.
In addition thereto, the municipality may institute injunctive, mandamus
or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter, and any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, or mandamus or other appropriate forms of remedy or relief.
The municipality shall also be entitled to relief of all legal expenses
incurred for the enforcement of this chapter.
If the municipality determines that a violation for a site for
which all plans have been fully implemented occurred because of an
extraordinary act of nature, the municipality may exclude the permittee
from the penalties of this chapter.
