§ 34-114. Enforcement.

(a)

Prohibited practices. Not complying with any requirement of this division shall be deemed a violation, and shall subject the responsible party to enforcement action under this section. Prohibited practices shall include but not limited to the following:

(1)

Commencing any land disturbing or land development activity prior to:

a.

Obtaining a storm water permit;

b.

Notifying the village engineer a minimum of three working days in advance for sites that have obtained a storm water permit; or

c.

Installing those BMPs identified in the approved plans to be installed prior to any land disturbing or land developing activity.

(2)

Failing to apply for a village preliminary storm water review letter in accordance with subsection 34-107(b) of this division.

(3)

Failing to obtain village certification of compliance for a final plat or certified survey map in accordance with subsection 34-107(d) of this division.

(4)

Failing to comply with all permit conditions, erosion control or storm water management requirements and approved plans in accordance with this division.

(5)

Failing to maintain BMPs until permit termination.

(6)

Failing to comply with any notice of violation.

(b)

Violations. The village shall notify the permit holder of any violation in writing, and copy any other known responsible party involved in the violation. The first written notice, depending upon severity of the violation, shall indicate non-compliance. The non-compliance notice shall be hand delivered to the permit holder or sent to the last known address, with a reasonable attempt to verify that the permit holder received it. The notice shall describe the violation, remedial action(s) needed and a schedule for all remedial action to be completed. The village may also choose to schedule a construction site compliance meeting to discuss the violation with the permittee, owner and contractor in attendance. If the permit holder is unresponsive or otherwise ineffective, the village will issue a second notice. The second notice shall indicate a violation and may include one or more enforcement measures as listed below. Any enforcement measures shall continue until compliance is achieved or as ordered by the court. The village is authorized to use the following methods of enforcement in any combination thereof against any applicant or responsible party that is found to be in violation of any provision of this division:

(1)

Forfeiture. Any violator shall be subject to a forfeiture of not less than $500.00 or more than $1,000.00 plus the cost of prosecution for each violation. Each day that a violation exists shall constitute a separate offense.

(2)

Stop work order. Any violator is subject to an order to stop all work except that which is needed as a corrective action to bring the site into compliance.

(3)

Permit revocation. The village may revoke a permit issued under this division. Upon loss of the permit, all construction shall cease and the site shall be stabilized, with any costs incurred by the village to be charged against the financial assurance.

(4)

Injunction. The village, or any person affected by activities regulated under this division, may enforce the provisions of this division by a temporary restraining order, injunction and other such relief as a court may order.

(5)

Declared nuisances. Any land disturbing or land development activity carried out in violation of the provisions of this division is hereby declared to be a nuisance per se, and the village may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(6)

Emergency action. The village may enter upon the property and take any necessary emergency action if the village determines that the site in violation is an immediate threat to public health, safety, welfare, the environment or downstream property, or if the permit holder or other violator refuses to take the corrective action as ordered by the village. Any cost incurred by the village as a result of this action shall be billed to the permit holder or other responsible party or subtracted from the financial assurance. The village shall provide reasonable notice to the permit holder and other responsible party after exercising this authority.

(7)

Citation.

a.

The village elects to also use the citation method of enforcement under W.S.A., § 66.0113, for violations of this division, including those for which a statutory counterpart exists. The procedures contained in W.S.A., § 66.0113(3), relating to the options of an alleged violator and default are adopted and incorporated herein by reference.

b.

Authority to issue a citation under this division shall be limited to the appropriate village staff. The authority delegated to such official or employees to issue citations may only be granted or revoked by the village board. This subsection does not preclude the village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance regulation or order.

c.

The schedule of cash deposits including penalty assessment, jail assessment or any other assessment applicable by law for use with citations issued under this section shall be as adopted by the village board from time to time and such schedule shall be on file in the offices of the village hall and receipts shall be given for cash deposits. The citation shall contain the following information:

1.

The name and address of the alleged violator.

2.

The factual allegations describing the alleged violation.

3.

The time and place of the offense.

4.

The section of the ordinance violated.

5.

A designation of the offense in such a manner as can be reasonably understood by a person making a reasonable effort to do so.

6.

The time at which the alleged violator may appear in court.

7.

A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under subsection (7) above has been read. Such statement shall be sent or brought with the cash deposit.

8

Such other information as the village deems necessary.

(c)

Appeals.

(1)

Authority. The village board shall act as the review and appeal authority for any order, requirement, decision or determination by the village under this division.

(2)

Procedure. The rules, procedures, duties and powers of the village board shall be as provided in the Village Code of Ordinances and the provisions of W.S.A., § 61.354, shall apply to any review or appeal under this division.

(3)

Variances. Upon appeal, the village board may authorize variances from the provisions of this division which are not contrary to the public interest or the purposes of this division, and where owing to special conditions beyond the control of the applicant, a literal enforcement of this division will result in unnecessary hardship.

(4)

Who may appeal. Appeals to the village board may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the village.

(Ord. No. 816, § IV, 1-6-09; Ord. No. 928, § IX, 4-18-17)