It shall be an offense for a responsible party or a third party
performing work on a project to violate any of the requirements of
this article, including, but not limited to, the following:
(1)
Conducting any land-disturbing or construction activity without an
approved erosion control plan for the location where the violation
occurred.
(2)
Failing to install erosion control devices or to maintain erosion
control devices throughout the duration of land-disturbing activities,
in compliance with the approved erosion control plan for the location
where the violation occurred.
(3)
Failing to remove off-site sedimentation that is a direct result
of land-disturbing activities where such off-site sedimentation results
from the failure to implement or maintain erosion control devices
as specified in an approved erosion control plan for the location
where the violation occurred.
(4)
Allowing sediment laden water resulting from belowground installations
to flow from a site without being treated through an erosion control
device.
(5)
Failing to repair damage to existing erosion control devices, including
replacement of existing grass or sod.
(Ordinance 12-03 adopted 4/19/12)
Written notice of violation shall be given to the responsible
party or their jobsite representative as identified in the erosion
control plan for a site. Such notice shall identify the nature of
the alleged violation and the action required to obtain compliance
with the approved erosion control plan. The responsible person shall
have thirty (30) days after receipt of notice to effect maintenance
and repair of the facility in an approved manner.
(Ordinance 12-03 adopted 4/19/12)
If a responsible party fails or refuses to meet the stormwater
facility maintenance requirements of this article, the director, after
reasonable notice, may cause the necessary work to be done to correct
a violation of the design standards or maintenance and assess the
responsible party for all incurred costs and expenses.
(Ordinance 12-03 adopted 4/19/12)
Any person, firm, or corporation violating any of the provisions
or terms of this article shall be deemed guilty of a class C misdemeanor
and, upon conviction thereof, be subject to a fine at the maximum
amount allowed by state law for each offense, and each and every day
such violation shall continue shall be deemed to constitute a separate
offense.
(Ordinance 12-03 adopted 4/19/12)
