In addition to any other remedies, should any owner fail to
comply with the provisions of this chapter, 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.
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 chapter, and shall promptly reimburse
the Township for all of such costs.
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 chapter. 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.
Costs incurred by the Township and the Drain Commissioner pursuant to §§
388-33,
388-34,
388-35 and
388-36 shall be a lien on the premises which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time. 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 Act No. 94 of the Public Acts
of 1933, as amended.
Any person as to whom any provision of this chapter 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 chapter 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:
A. The application of the ordinance 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 ordinance; and
B. The granting of the relief requested will not substantially prevent
the goals and purposes sought to be accomplished by this chapter,
nor result in less effective management of stormwater runoff.