Where there is work in progress that causes or constitutes,
in whole or in part, a violation of any provision of this chapter,
the Village Zoning Administrator is authorized to issue a stop-work
order so as to prevent further or continuing violations or adverse
effects. All persons to whom the stop-work order is directed, or who
are involved in any way with the work or matter described in the stop-work
order, shall fully and promptly comply therewith. The Village may
also undertake, or cause to be undertaken, any necessary or advisable
protective measures so as to prevent violations of this chapter or
to avoid or reduce the effects of noncompliance herewith. The cost
of any such protective measures shall be the responsibility of the
owner of the property upon which the work is being done and the responsibility
of any person carrying out or participating in the work, and such
cost shall be a lien upon the property.
In addition to any other remedies, should any owner fail to
comply with the provisions of this chapter, the Village Zoning Administrator
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 Village 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 Village Manager 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 Village for all of such costs.
A discharger shall be liable for all costs incurred by the Village
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 EGLE for violation of an
NPDES permit, attorney fees, and other costs and expenses.
Costs incurred by the Village pursuant to §§
320-38,
320-39,
320-40 and
320-41 of this chapter 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 Village Clerk/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 Village shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended.