§ 9 — Enforcement

Section 9. - Enforcement.

9.1 [Inspections.] All drainage facilities located on private property, whether dedicated to the city or not, shall be accessible at all times for inspection. 9.2 Violations. No person shall construct, enlarge, alter, repair or maintain any grading, excavation, or fill or cause the same to be done, contrary to or in violation of any of the terms of this ordinance, or any state or federal laws in effect regulating stormwater runoff. Any person adjudicated to be in violation of any of the terms and provisions thereof shall be guilty of a misdemeanor and subject to a fine for the first offense not to exceed two hundred fifty dollars ($250.00) or thirty (30) days in jail or both. For each day that such violation remains unresolved after the first day that the offense occurred, and if the court finds that reasonable action has not been taken by the defendant to correct the violation, it shall be treated as a separate and subsequent offense each day punishable by a fine not to exceed five hundred dollars ($500.00) or ninety (90) days in jail or both. 9.2.1 All violations of this ordinance are hereby declared to be offenses against the city requiring actions to preserve the good order and peace and to prevent injury to, destruction of, or interference with the public or private property. The building official and the public works director, or their designated enforcement officers shall be hereby vested with authority to investigate and inspect for violations of this ordinance, and to process and issue citations for such misdemeanors in the manner provided by law and in accordance with instructions of the chief of police, a municipal court prosecuting attorney, or the procedures established by the municipal court. 9.2.2 If the building official or public works director, or their designated enforcement officer finds evidence to support a violation of this ordinance, the developer, or other person (i.e. Landowner) found to be responsible for such violation shall be given notice in writing of the violation indicating the nature and location of the violation and ordering action determined by the official to be necessary to correct it. Among the actions that may be ordered is a discontinuance of any actions on site. In such case, if the official deems a need for assistance to fulfill his duties, he may call upon the chief of police to furnish police assistance.hg;ol0; 9.3 Stop work order. Any person holding a site development permit pursuant to this ordinance who violates the terms of the permit or implements site development in a manner that is a cause or threat to cause a material adverse affect on the health, welfare or safety of persons residing or working in the neighborhood or development site or a threat of detriment to the public welfare or a threat or of irreparable damage to property or improvements in the neighborhood, the building official, public works director, or city engineer may institute in behalf of the city legal process in law or equity for an injunction, writ of mandamus or other appropriate remedy to prevent or prohibit violation of any provision of this ordinance. If the city finds that immediate action is necessary, it may take action first to correct the problem or imminent threat, and then notify the developer, landowner, or contractor responsible who shall be liable civilly to city for reasonable costs of corrective services.hg;ol0; 9.4 Restoration of lands. Violators may be required to restore land to its undisturbed condition. In the event, after written notice is given, restoration is not undertaken within a reasonable time, the city by official act of the mayor and city council may take corrective action, and hold the violator liable as a civil debt for the reasonable costs thereof.

(Ord. No. 2419, § 1, 1-19-05)