If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to such plan, a written notice from the Building Official or his/her designee to comply shall be transmitted by certified mail to the owner. Such notice shall set forth the nature of the temporary and permanent corrections required and the time limit within which corrections shall be completed as set forth in Article VII, § 177-21B. Failure to comply with the required corrections within the specified time limits shall be considered a violation of this chapter, in which case the performance bond or cash or negotiable securities deposit shall be subject to notice of default, in accordance with Article V, § 177-14B and C of this chapter.
A.
Revocation or suspension of approval: The approval of
an erosion and sediment control plan under this chapter may be revoked or
suspended by the Building Official and all work on the project halted for
an indefinite time period by the Building Official after written notification
is transmitted by the Building Official to the developer for one or more of
the following reasons:
(1)
Violation of any condition of the approval plan, conditions,
or specifications pertaining thereto;
(2)
Violation of any provision of this chapter or any other
applicable law, ordinance, rule, or regulation related to the work or site
of work; and
(3)
The existence of any condition or the performance of
any act constituting or creating a nuisance, hazard, or endangerment to human
life or the property of others, or contrary to the spirit or intent of this
chapter.
B.
Other penalties.
(1)
In addition thereto, whenever there is a failure to comply
with the provisions of this chapter, the Town shall have the right to notify
the applicant/owner that he or she has five days from the receipt of notice
to temporarily correct the violations and 30 days from receipt of notice to
permanently correct the violations.
(2)
Should the applicant/owner fail to take the temporary
corrective measures within the five-day period and the permanent corrective
measures within the thirty-day period, the Town shall then have the right
to take whatever actions it deems necessary to correct the violations and
to assert a lien on the subject property in an amount equal to the costs of
remedial actions. The lien shall be enforced in the manner provided or authorized
by law for the enforcement of common law liens on personal property. The lien
shall be recorded with the records of land evidence of the municipality, and
the lien shall incur legal interest from the date of recording. The imposition
of any penalty shall not exempt the offender from compliance with the provisions
of this chapter, including revocation of the performance bond or assessment
of a lien on the property by the Town.
