If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice to comply from the Building Official or his or her designee shall be transmitted to the owner. The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in § 305-22B of this article. Failure to comply with the required corrections within the specified time limit is considered a violation of this chapter, in which case the performance guarantee is subject to notice of default, in accordance with § 305-15B and C.
A.
Revocation or suspension of approval. The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the Building Official and all work on the project halted for an indefinite time period by the Building Official after written notification is transmitted by the Building Official to the developer for one or more of the following reasons:
(1)
Violation of any condition of the approved plan, or specifications pertaining to it;
(2)
Violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and
(3)
The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this chapter.
B.
Other penalties. In addition, whenever there is a failure to comply with the provisions of this chapter, the Town has the right to notify the applicant/owner that he or she has five days from the receipt of notice to temporarily correct the violations and 30 days from receipt of notice to permanently correct the violations. Should the applicant/owner fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the thirty-day period, the Town then has the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the Records of Land Evidence of the Town, and the lien incurs legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including revocation of the performance bond or assessment of a lien on the property by the Town.
C.
Fines. In addition to any other penalties provided in this section, the Town may assess a fine of $250 for failure to submit plans on or before the date on which the plan must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted shall constitute a separate offense.
D.
Restoration. In addition to any other penalties provided in this section, the Town may require restoration of the site and any adjacent sites or other damaged areas to pre-disturbance conditions.