The Code Administrator or his/her designee, the Zoning Officer or his/her designee, or any designated Code Enforcement Official is charged with enforcement of this chapter with the exception of the stormwater management regulations. The City Engineer or his/her designee is charged with enforcement of the stormwater management regulations.
[Amended 8-6-2024 by L.L. No. 2-2024]
The following enforcement provisions apply to all provisions of this chapter with the exception of Article 17, Stormwater Management, which is controlled by § 240-20.3 below.
A.
Violations.
1.
No person or entity shall maintain any land or structure, or part thereof, in violation of the regulations of this chapter. Any person or entity that violates this chapter is subject to the procedures and penalties stated herein. The continuation of a violation constitutes a separate and distinct offense for each day the violation is continued.
2.
The official has the right to enter upon, examine and inspect any building or property at any reasonable time for the purpose of carrying out his/her duties and to determine compliance with the provisions of this chapter.
B.
Notice of violations. Upon finding a violation of this chapter, the official will deliver written notice to the property owner in person or by certified or registered mail. This notice must inform the recipient of:
C.
Stop work orders. Upon finding a violation of this chapter, the official may require the suspension of work by issuing a stop work order to the responsible person. Such person must suspend all unauthorized activity until the stop work order has been rescinded.
1.
The stop work order must be in writing and must state the conditions under which the activity may resume.
2.
The stop work order must be presented to the person performing the work and, if different, the property owner in person or by certified or registered mail, and may be placed upon a conspicuous portion of the building or premises in use.
3.
The failure of any person to comply with the terms of a stop work order constitutes a separate violation.
D.
Appeal. A determination of violation may be appealed via zoning interpretation to the Zoning Board of Appeals per § 240-13.11. Upon filing of such appeal, any further enforcement efforts are stayed pending Zoning Board of Appeals public hearing and decision on the appeal. Any stop work order remains in effect until the Zoning Board of Appeals issues a decision on the appeal.
E.
Penalties and fines. Except as otherwise provided in this chapter, the following penalties apply:
1.
First violations of this chapter are punishable by a fine of not more than $50 for each day the violation continues.
2.
Second violations of this chapter are punishable by a fine of not more than $100 for each day the violation continues.
3.
Third and subsequent violations of this chapter are punishable by a fine of not more than $250 for each day the violation continues.
4.
These fines are exclusive of any additional civil fees or remedies.
F.
Civil enforcement. In addition to penalties prescribed elsewhere in this chapter and other laws, any person who violates any provision of this chapter is liable to a civil penalty of not more than $250 for each day during which the violation continues. These civil penalties are recoverable in an action instituted by the City.
G.
Court action. The imposition of fines does not preclude the City from instituting an action for injunction or other legal action to prevent any unlawful use or activity, or to correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises. In the event the City prevails in this action, the City has the authority to seek all reasonable attorneys' fees incurred by or on behalf of the City, together with all the costs and disbursements of the litigation.
H.
Non-exclusivity of remedies. The City may proceed under any subsection hereof at any time without respect to whether any other remedy has been imposed or sought by the City. The alternative remedies, fees, and penalties provided for herein are not mutually exclusive but may be commenced, implemented, and enforced simultaneously without regard to whether any other remedies, fees, or penalties have been sought or imposed.
A.
Notice. When the City Engineer, or his/her designee, determines that a land disturbance activity is not being carried out in accordance with the stormwater management regulations, it may issue a written notice of violation to the landowner. The notice of violation must contain:
1.
The name and address of the landowner, developer or applicant.
2.
The address, when available, or a description of the building, structure, or land upon which the violation is occurring.
3.
A statement specifying the nature of the violation.
4.
A description of the remedial measures necessary to bring the land disturbance activity into compliance with this chapter and a time schedule for the completion of such remedial action.
5.
A statement of the penalty or penalties that will or may be assessed against the person to whom the notice of violation is directed.
6.
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
B.
Stop-work orders. The City Engineer, or his/her designee, may issue a stop-work order for violations of the stormwater management regulations. Persons receiving a stop-work order are required to halt all land disturbance activities, except those activities that address the violations leading to the stop-work order. The stop-work order will be in effect until the City Engineer confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
C.
Violations. Any land disturbance activity that is commenced or is conducted contrary to the stormwater management regulations may be restrained by injunction or otherwise abated in a manner provided by law.
D.
Penalties for offenses.
1.
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter will be guilty of a violation punishable by:
a.
For conviction of a first offense, a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both.
b.
For conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
c.
For conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
2.
However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of the stormwater management regulations are deemed misdemeanors and, for such purpose, all provisions of law relating to misdemeanors apply to such violations. Each week's continued violation constitutes a separate additional violation.
E.
Withholding of certificate of occupancy. If any building or land disturbance activity is installed or conducted in violation of the stormwater management regulations, the City Engineer may request that the Building Department withhold the certificate of occupancy of said building or land.
F.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City Engineer may take necessary corrective action, the cost of which will become a lien upon the property until paid.
G.
Fees for services. The City may require any person undertaking land disturbance activities regulated by the stormwater management regulations to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the City or performed by a third party for the City.