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2004_Ordinances
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• (1) A conservation plan shall not be approved until it is reviewed by a certified plan <br />reviewer; <br />(2) Inspections of land -disturbing activities shall be conducted by a certified inspector; and <br />(3) The city's erosion control program shall contain a certified program administrator, a <br />certified plan reviewer and a certified project inspector, who may be the same person. <br />Sec. 10-43. Penalties, injunctions and other legal actions. <br />(a) Any person violating the provisions of this article shall, upon conviction, be guilty of a Class <br />1 misdemeanor. <br />(b) The following may apply to the circuit court for injunctive relief to enjoin a violation or a <br />threatened violation of this article, without the necessity of showing that an adequate remedy at <br />law does not exist: <br />(1) The city. <br />(2) The owner of property that has sustained damage or that is in imminent danger of being <br />damaged; however, an owner of property shall not apply for injunctive relief unless (i) he <br />has notified in writing the person who has violated the provisions of this article, and the <br />program authority, that a violation of this article has caused, or creates a probability of <br />causing, damage to his property, and (ii) neither the person who has violated this article <br />nor the program authority has taken corrective action within 15 days to eliminate the <br />conditions which have caused, or create the probability of causing, damage to the <br />owner's property. <br />• (c) In addition to any criminal penalties provided for a violation of this chapter, any person who <br />violates any provision of this chapter may be liable to the city in a civil action for damages. <br />(d) There is hereby established a schedule of civil penalties applicable to any person who violates <br />any regulation or order of the Board, any condition of a permit issued under this article, or any <br />provision of this article. Such person, upon a finding of an appropriate general district court, shall <br />be assessed a civil penalty in accordance with this schedule. An appropriate official or employee <br />of the program authority, or a certified inspector for the city, may issue a summons for collection <br />of the civil penalty and the action may be prosecuted by the city. Civil penalties shall be as set <br />forth in the schedule below: <br />Violation <br />Section <br />Penalty <br />Additional measures — failure to install additional measures as <br />10-21, <br />$100.00 <br />deemed necessary by the zoning administrator or his inspector <br />10-24 <br />once work has commenced <br />Bond — failure to obtain bond <br />10-23 <br />$100.00 <br />Conservation plan — failure to submit if required by program <br />10-22 <br />$100.00 <br />authority <br />Conservation plan — failure to comply with approved plan <br />10-22 <br />$100.00 <br />Corrections — failure to comply with mandatory corrections as <br />10-21, <br />$100.00 <br />issued on an E&S inspection notice or report <br />10-24 <br />Existing conditions — failure to submit plan or provide controls <br />10-21 <br />$100.00 <br />after receipt of notice <br />We'd <br />
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