§ 50-78. Penalties and incentives.

(a)

Failure to obtain a permit for land disturbing activity. If any person commences any land disturbing activity requiring a land disturbing permit as prescribed in this article without first obtaining the permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

(b)

Stop work orders. For the first and second violations of the provisions of this article, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or the local issuing authority shall issue a stop work order requiring that land disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land disturbing activities are conducted without obtaining the necessary permit, the director or local issuing authority shall issue an immediate stop work order in lieu of a warning; for a third and each subsequent violation, the director or local issuing authority shall issue an immediate stop work order; and all stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his/her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed and maintained, a stop work order shall be issued by the local issuing authority or by the director or his /her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land disturbing activities on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(c)

Notice of noncompliance. If, through inspection, it is determined that the person engaged in land disturbing activities has failed to comply with the approved plan or failed to comply with the applicable general design principles of subsection 50-75(c), a written notice to comply shall be served upon that person. The notice shall set forth the measures to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and deemed to have forfeited any required performance security if required to post one under the provisions of section 50-75. The issuing authority may call the performance security or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbing activity and bring it into compliance.

(d)

Withhold certificate of occupancy. The community development department may refuse to issue a certificate of occupancy for the build[ing] or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of noncompliance or has otherwise cured the aspects of noncompliance described therein.

(e)

Suspension, revocation or modification of permit. The community development department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of noncompliance or has otherwise cured the aspects of noncompliance described therein, provided such permit may be reinstated (upon such conditions as the community development department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such aspects of noncompliance.

(f)

Civil monetary penalties. Any person violating any provision of this article, permitting conditions or stop work order shall be liable for a civil penalty or fine not to exceed $2,500.00 per day, but in no event less than $300.00. There shall be a minimum penalty of $300.00 per day for each violation involving the construction of a single-family dwelling by or under contract with the owner for his or her own occupancy; and there shall be a minimum penalty of $1,000.00 per day for each day for each violation involving land disturbing activities other than as provided above. Each day the violation continues shall constitute a separate offense. Any civil penalties imposed pursuant to this article shall be payable to the county, shall commence on the date of issuance of any stop work order or other notice of noncompliance and shall not be affected by the filing of any appeal; however, an appellant may, upon filing an appeal, post an appeal bond with the issuing authority in an amount equal to double the cost of any and all corrective work to be determined by the issuing authority; further, any civil penalty imposed pursuant to this article may, at the discretion of the issuing authority, be waived or reduced if, in the discretion of the issuing authority, the violator has taken sufficient and timely curative and corrective action. No inspections, certificate of occupancies, building permits or soil erosion permits will be granted to any person who has an outstanding fine for violating this article. Any person who violates any provisions of this article, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day.

(g)

Criminal penalties. For intentional and flagrant violations of this ordinance, the community development department may issue a citation or accusation returnable to the magistrate court of the county. Notwithstanding any limitation of law as to penalties, which can be assessed for violations of county ordinances, the magistrate court of the county shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation or imprisonment for up to 60 days or both. Each day the violation continues shall constitute a separate offense.

(Ord. of 3-27-90; Code 1977, § 3-6-113; Ord. of 11-14-95; Ord. of 7-27-99 (eff. 10-1-99); Ord. of 1-23-01; Ord. of 4-13-04; Ord. of 2-27-07)