[Ord. 303, 3/3/2014]
1.
Upon presentation of proper credentials, duly authorized representatives
of the municipality may enter at reasonable times upon any property
within the municipality to inspect the implementation, condition,
or operation and maintenance of the stormwater facilities or best
management practices (BMPs) in regard to any aspect governed by this
chapter.
2.
Landowners with stormwater facilities and BMPs on their property
shall allow persons working on behalf of the municipality ready access
to all parts of the premises for the purposes of determining compliance
with this chapter.
3.
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater facility or BMP in the municipality
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater facilities or BMPs.
[Ord. 303, 3/3/2014]
1.
Stormwater management (SWM) best management practices (BMPs) should
be inspected for proper operation by the landowner, or the owner’s
designee (including the municipality for dedicated and owned facilities),
according to the following list of minimum frequencies:
[Ord. 303, 3/3/2014]
1.
All inspections regarding compliance with the stormwater management
(SWM) site plan and this chapter shall be the responsibility of the
municipality.
A.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the municipality
may order compliance by written notice to the responsible person.
Such notice may, without limitation, require the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
Implementation of stormwater facilities and best management
practices (BMPs); and
(7)
Operation and maintenance (O&M) of stormwater facilities
and BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality and the expense may be charged
to the violator.
C.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the municipality from pursuing
any and all other remedies available in law or equity.
[Ord. 303, 3/3/2014]
1.
Any building, land development, or other permit or approval issued
by the municipality may be suspended or revoked, in whole or in part,
by the municipality for:
A.
Noncompliance with or failure to implement any provision of the permit;
B.
A violation of any provision of this chapter; or
C.
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life, health, or property
of others.
2.
A suspended permit may be reinstated by the municipality when:
3.
Any permit or approval that has been revoked by the municipality
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
[Ord. 303, 3/3/2014]
1.
Any person violating the provisions of this chapter shall be subject
to penalties that may range from liens against the property to fines
for each violation, recoverable with costs. Each day that the violation
continues shall constitute a separate offense, and the applicable
fines are cumulative.
2.
In addition, the municipality may institute injunctive, mandamus
or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
