§ 53.05. VIOLATIONS.  


Latest version.
  • (A) If any person responsible for compliance with a SWPPP pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site or injurious to property or improvements in the neighborhood, the county may place an immediate stop work order for the site.
    (B) No person shall construct, enlarge, alter, repair, contradict or maintain any grading excavation or fill that violates the terms of this chapter without recourse. Each act or condition that violates a requirement, provision or regulation of this chapter may be construed as a separate violation and subject to penalty or prosecution.
    (C) Any project site owner, individual lot operator, contractor, subcontractor, property owner or other person or persons responsible for construction activities at a project site regulated under this chapter who violates the terms, requirements, provisions or regulations of this chapter are liable for the costs of removal of sediment and other storm water pollutants deposited in any right-of-way, drain, storm sewer, drainage easement or county maintained or controlled property and any and all other corrective action required to restore the property to a condition equal to or better than the condition prior to a violation. The costs may be pursued in court in the county and/or filed as a lien against the property pursuant to I.C. 36-1-6-2, or under any other applicable state law or ordinance.
    (D) All fines, penalties and filing fees shall be utilized to support the county’s Storm Water Quality Management Plan and implementation. All the funds shall be deposited in the Auditor’s dedicated accounts for that program.
    (Ord. 33-06, passed 4-11-2006) Penalty, see § 53.99