A. 
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal infraction, subject to § 1-2. Increased civil fines may be imposed for "repeated violations," which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
B. 
Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
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.[1] 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.
[1]
Editor's Note: See MCLA § 141.101 et seq.
A. 
Suspension because of illicit discharges in emergency situations. The Village may, without prior notice, suspend MS4 discharge access to a property when the suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment or to the health and welfare of person or to the MS4. If a violator fails to comply with a suspension order issued in an emergency, the Village Manager may take steps deemed necessary to prevent or minimize damage to the MS4 or the environment, or to minimize danger to the health or welfare of persons.
B. 
Suspension because of the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Village Manager will notify a violator of the proposed termination of its MS4 access. It is a violation of this chapter for a person to reinstate MS4 access to a premises terminated pursuant to this section without the prior approval of the Village Manager.
A. 
Any person to whom any provision of this chapter has been applied may appeal the decision in writing to the Village Zoning Board of Appeals, not later than 30 days after that action or decision. The appeal shall identify the matter being appealed, and the basis for the appeal. Notice of the request for appeal shall be made in accordance with the procedures of the Zoning Enabling Act as it may be amended from time to time.[1] The Village Zoning Board of Appeals shall consider the appeal and make a decision to affirm, reject or modify the appealed action. In considering any appeal the Village Zoning Board of Appeals may consider the recommendations of the Village Engineer and the comments of other persons having knowledge of the matter. In considering any appeal, the Village Zoning Board of Appeals may grant a variance from the terms of this chapter so as to provide relief, in whole or in part, from the appealed action. In passing on an appeal to vary or modify any of the rules or provisions of this chapter, the Zoning Board of Appeals shall consider if there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, so that the spirit of this chapter is observed, public safety is secured, and substantial justice is done. The Zoning Board of Appeals may grant a variance from the terms of this chapter only upon finding that the following requirements are satisfied:
(1) 
That the applicant has applied for and been denied a waiver by the Planning Commission pursuant to the performance and design standards of this chapter;
(2) 
That there are exceptional or extraordinary circumstances or conditions applying to the property in question which are different from other properties in the Village or result from conditions that do not exist throughout the Village;
(3) 
That such variance is necessary for the preservation and enjoyment of a substantial property right and that the need for such variance was not created by the applicant. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance;
(4) 
That the granting of such variance will not be of substantial detriment to adjacent property or materially impair the intent and purposes of this chapter or the public interest.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
B. 
If the Village Zoning Board of Appeals determines that a variance is merited, they shall refer the request to the Village Planning Commission who shall, after review and recommendation by the Village Engineer as needed, determine the appropriate alternate criteria to be followed in lieu of the Village stormwater standards. In no instance shall the alternate standard be less than what is required by the County Drain Commission. The developer shall be responsible for all expenses incurred by the Village for reviews and recommendations by the Village Engineer, or other professionals, regarding the waiver request.