§ 27.14. ENFORCEMENT. (Am. Ord. #07-14)

(1)

Any land disturbing construction activity or post-construction runoff initiated after the effective date of this chapter by any person, firm, association, or corporation subject to the chapter provisions shall be deemed a violation unless conducted in accordance with the requirements of this chapter.

(2)

The Administering Authority shall notify the responsible party by certified mail of any noncomplying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.

(3)

Upon receipt of written notification from the Administering Authority under subsection (2), the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village in the notice.

(4)

If the violations to a permit issued pursuant to this chapter are likely to result in damage to properties, public facilities, or waters of the State, the Administering Authority may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Administering Authority plus interest and legal costs shall be billed to the responsible party.

(5)

The Administering Authority is authorized to post a stop work order on all land disturbing construction activity that is in violation of this chapter, or to request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.

(6)

The Administering Authority may revoke a permit issued under this chapter for noncompliance with ordinance provisions.

(7)

Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Administering Authority or by a court with jurisdiction.

(8)

The Administering Authority is authorized to refer any violation of this chapter, or of a stop work order or cease and desist order issued pursuant to this chapter, to the Village Attorney for the commencement of further legal proceedings in any court with jurisdiction.

(9)

Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to a forfeiture of not less than $100.00 or more than $500.00 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

(10)

Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings. Injunctional orders are authorized pursuant to §61.35, Wis. Stats., for villages.

(11)

When the Administering Authority determines that the holder of a permit issued pursuant to this chapter has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Administering Authority or designee may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Village shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to section 27.12 of this chapter. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.