§ 8-637. Enforcement.

(a)

Withhold development authorization. Whenever the director determines the stormwater treatment plan does not meet the design standard the director may take any of the following actions without prior notice of violation:

(1)

Withhold the recordation of a final plat for which the stormwater treatment plan is required;

(2)

Withhold from the agenda of the planning and zoning board the final development plan or final plat for which the stormwater treatment plan is required;

(3)

Withhold the issuance of or place a stop work order on a building permit for which the stormwater treatment plan is required.

(b)

Withhold occupancy permits. Whenever the director determines required stormwater treatment facilities have not be constructed according to plan and adopted construction standards, or have been contaminated by construction phase sediment the director may, without prior notice of violation, withhold the issuance of a temporary or final certificate of occupancy.

(c)

Stop work. Whenever the director determines required stormwater treatment facilities have not be constructed according to plan and adopted construction standards, or have been contaminated by construction phase sediment the director may issue a stop work order. Issuance of a stop work order shall be followed as soon as practicable with a notice of violation identifying the conditions precipitating the stop work order.

(d)

Notice of violation. Whenever the director determines a stormwater treatment facility owner is in violation of the inspection and maintenance requirements of this article the director may issue a notice of violation in the form prescribed. A notice of violation may, after notice and an opportunity to be heard, include an order of the director for compliance with legal requirements of this article or regulations, orders, permits or other legal requirements hereunder. The director shall issue a notice of violation prior to initiating either prosecution of the violation or abatement and recovery of cost.

(e)

Prosecution of violation stormwater treatment facility owners. Whenever the director determines a stormwater treatment facility owner has not corrected the conditions listed in a notice of violation within the time period for remedy established in the notice, the director may instigate appropriate proceedings at law or in equity to correct or abate the violation. If the fine assessed is not paid in a timely manner, the fine assessed may be certified to the unified government clerk and it shall, in accordance with law, become a lien upon the subject property. This amount shall be listed on the tax bill and be collected in the manner of ordinary taxes as authorized by law.

(f)

Abatement and cost recovery. Whenever the director determines a stormwater treatment facility owner has not corrected the conditions listed in a notice of violation within the time period for remedy established in the notice, the director may authorize the unified government or its agents to go upon the land and correct the violation. Work may be accomplished by contract or otherwise at the discretion of the director. Unified government is not obligated to provide cost estimates of the corrective work to the stormwater treatment facility owner prior to doing the work. Unified government is not obligated to seek the lowest cost for the corrective work. The stormwater treatment facility owner shall reimburse the unified government for all costs incurred by the unified government to correct the deficiency, including construction, engineering, inspection, administrative costs and interest at the current rate published by the secretary of state pursuant to K.S.A. 16-204, and amendments thereto. The unified government may deny or delay all other permits on the subject property until the reimbursement is made. If in any event the amount due is not paid, the amount due may be certified to the unified government clerk and it shall, in accordance with law, become a lien upon the subject property. This amount shall be listed on the tax bill and be collected in the manner of ordinary taxes as authorized by law.

(g)

Prosecution of violation impairing and interfering. Whenever the director determines a person is in violation of this article the director may, without prior notice, instigate appropriate proceedings at law to assess fines pursuant to section 8-639 penalties.

(h)

No order of precedence implied. Except where the forgoing enforcement activities require the prior issuance of a notice of violation, the director is not obligated to follow any order of precedence in applying enforcement actions.

(i)

Form and service of notice of violation. When required prior to a subsequent enforcement action, a notice of violation shall be given in the manner proscribed below:

(1)

Form. Notice shall be in writing and shall include the location and description of the stormwater treatment facility in violation of this article. The notice shall describe the nature of the violation and the required corrective action and shall include a reasonable time limit for corrective action. The notice shall include a statement of the unified government's right to file a lien, and shall inform the stormwater treatment facility owner of the right to appeal.

(2)

Service. Notice may be delivered to the stormwater treatment facility owner in person, or may be sent by certified mail, to the owner at the address provided in the stormwater facility registry, or in any other manner as authorized by law. Method of delivery is at the option of the director. In the case that the registry information is incomplete the notice may be delivered to the property owner at the address of record.

(Ord. No. O-25-10, § 1, 5-6-2010; Ord. No. O-27-14, § 2, 4-10-2014)