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2004_Ordinances
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2004_Ordinances
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U <br />Inspection — failure to request <br />10-24 <br />$100.00 <br />Land disturbing permit or approved plan— commencement of land <br />disturbing activities without an approved permit or plan <br />10-22 <br />$1,000.00 <br />Land disturbing permit or approved plan — failure to comply with <br />provisions <br />10-24 <br />$100.00 <br />Live waterway — causing silt or debris to enter <br />10-21 <br />$100.00 <br />Stop work order — failure to cease work after issuance <br />10-24 <br />$100.00 <br />Each day during which the violation is found to have existed shall constitute a separate offense. <br />In no event shall a series of specified violations arising from the same operative set of facts result <br />in civil penalties which exceed a total of $3,000, except that a series of violations arising from the <br />commencement of land -disturbing activities without an approved plan for any site shall not result <br />in civil penalties which exceed a total of $10,000. The assessment of a civil penalty pursuant to <br />this subsection shall be in lieu of criminal sanctions and shall preclude the prosecution of such <br />violation as a misdemeanor under section 10-18. In any trial for a scheduled violation, it shall be <br />the burden of the city to show the liability of the violator by a preponderance of the evidence. An <br />admission or finding of liability shall not be a criminal conviction for any purpose. <br />(e) Without limiting the remedies which may be obtained in this section, any person violating or <br />failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained <br />pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to <br />exceed $2,000.00 for each violation. A civil action for such violation or failure may be brought <br />by the city against such person. <br />• (f) With the consent of any person who has violated or failed, neglected or refused to obey any <br />regulation or order of the zoning administrator or city manager issued under this chapter any <br />condition of a permit issued under this chapter or any provision of this chapter, the zoning <br />administrator may provide, in an order issued against such person, for the payment of civil <br />charges for violations in specific sums, not to exceed $2,000.00. Such civil charges shall be <br />instead of any appropriate civil penalty which could be imposed under subsection (d) or (e) of <br />this section. <br />(g) Any civil penalties assessed by a court pursuant to this section shall be paid into the city <br />treasury, except that where the violator is the locality itself, or its agent, the court shall direct the <br />penalty to be paid into the state treasury. <br />Sections 10-44 through 10-49 are reserved. <br />ARTICLE III. STORMWATER MANAGEMENT <br />Sec. 10-50. Stormwater management plan; applicability. <br />(a) No person may commence development of any land until he has submitted a stormwater <br />management plan to the city and has obtained the city's approval of that plan. No building permit, <br />site plan approval or other permit for activities involving land development shall be issued by any <br />city department or official, unless a stormwater management plan has been approved by the <br />program authority consistent with the provisions of this division. <br />• (b) The following activities are exempt from the requirement of a stormwater management plan: <br />-17- <br />
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