§ 73B-15. Enforcement; penalties for offenses.

A. 

Notice of violation. When the SMO, his designee, or other designee of the Board of Trustees determines that a land development activity is not being carried out in accordance with the requirements of this chapter, he may issue a written notice of violation to the landowner. The notice of violation shall contain:

(1) 

The name and address of the landowner, developer or applicant;

(2) 

The address, when available, or a description of the building, structure or land upon which the violation is occurring;

(3) 

A statement specifying the nature of the violation;

(4) 

A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action;

(5) 

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

(6) 

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

B. 

Stop-work orders. The Building Inspector, his designee, or other designee of the Board of Trustees may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

C. 

Violations. Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by this chapter.

D. 

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $1,500 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both. Each day, or part thereof, such violation continues following notification by the Village shall constitute a separate offense punishable in a like manner.

E. 

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or land.

F. 

Restoration of lands. Any violator may be required to restore land to its undisturbed condition or to such other condition as shall best protect the property and the adjacent properties from the problems of erosion and sediment deposits off the land that may be required by virtue of the actions of the violator, all at the discretion of the SMO. In the event that restoration is not undertaken within a reasonable time after notice, the SMO may either:

(1) 

Direct that the remediation and/or restoration work be performed with Village personnel and/or third-party contractors and the cost thereof shall constitute a lien, charge and levy upon the real property by the Village Treasurer. Such charge shall include, among other things, administrative, legal, and actual expenses incurred by the Village, and shall be collected in the same manner provided by law for the collection of delinquent real property taxes; or

(2) 

Seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property, at the cost and expense, including those of the litigation and the fees of witnesses and attorneys, of the violator.