§ 50-113. Violations, enforcement and penalties.

(a)

Inspections. The manager, or his designee, may cause inspections of work under this article to be made periodically during the course thereof and shall make final inspection following completion of the work. The applicant shall assist the manager, or his designee, in making such inspections. Subject to constitutional limitations, the manager shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as prescribed in this article, and for that purpose to enter at reasonable times upon the property, public or private, for the purpose of investigating and inspecting the sites of any permittee. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(b)

Notice of noncompliance. If, through inspection, it is determined that a permittee under this article has failed to comply with the terms and conditions of the permit, written notice to comply shall be serviced upon the permittee. Where a party is engaged in activity covered by this article without having first secured a permit therefor, all notices under the provisions of this article may be served upon the persons in charge on site. The notice shall set forth the measures necessary to achieve compliance with the permit or with this article, and shall state the time within which such measures must be completed. If the person engaged in the activity fails to comply within the time specified, he shall be deemed in violation of this article.

The notice of noncompliance shall contain:

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The name and address of the owner or the applicant or the responsible person;

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The address or other description of the site upon which the violation is occurring;

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A statement specifying the nature of the violation;

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A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this article and the date for the completion of such remedial action;

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A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

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A statement that the determination of noncompliance may be appealed to the Cobb County Community Development Department by filing a written notice of appeal within 30 days after the notice of noncompliance (except, that in the event the noncompliance constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient).

(c)

Stop work orders. Upon notice from the manager, or his designee, work on any project that is being done contrary to the provisions of this article, or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing, shall state the specific violations, shall be given to the permittee, or property owner if no permit has been required, his authorized agent or the person in charge of the activity on the subject property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required.

(d)

Suspension, revocation or modification of permit. The permit issued under this article may be suspended, revoked or modified by the manager, or his designee, upon finding that the holder is in violation of the terms of the permit or any portion of this article.

(e)

Civil penalties. Any person violating any provision of this article, permitting conditions or stop work order, shall be liable for a civil penalty of either ten percent of the cost of correction, or up to $1,000.00 per day for each day the noncompliance remains unremedied, as determined by the manager, or his designee, but, in no event, less than $300.00 per day the noncompliance remains unremedied. Each day the violation continues constitutes a separate offense. Any civil penalties imposed hereunder shall be payable to Cobb County, shall commence on the date of issuance of any stop work or other notice of noncompliance, and shall not be affected by the filing of any appeal; however, an appellate may, upon filing an appeal, post an appeal bond with the county in an amount equal to double the cost of any and all corrective work necessary to remedy the violation, the cost of such corrective work to be determined by the manager, or his designee; further, any civil penalty imposed hereunder may, in the best professional judgment of the manager, or his designee, be waived or reduced if it is determined that the violator has taken sufficient and timely curative and corrective action. In addition, the county attorney may institute injunctive, mandamus, or other appropriate action or proceedings at law or equity for the enforcement of this article or to correct violations of this article, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

(f)

Criminal penalties. For intentional and flagrant violations of this article, the community development department and/or personnel from the stormwater management division of the water system may issue a citation to the applicant or other responsible person, requiring such person to appear in Cobb County Municipal or Magistrate Court, as deemed appropriate by the Cobb County Legal Department, to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. of 9-28-93; Code 1977, § 3-22.5A-41; Ord. of 4-13-04; Ord. of 2-27-07; Amd. of 2-26-13)