Enforcement; penalties for offenses.

A. Stop-work order. The Town of Webster's Public Works Department may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land disturbance activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Webster's Public Works Department confirms that the land disturbance 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 article.B.

Notice of violation. When the Town of Webster's Public Works Department determines that an activity is not being carried out in accordance with the requirements of this article, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:(1) The name and address of the owner 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 development activity into compliance with this article 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.C.

Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this article. Violations of any provision or requirement of this article, or violation of any statement, plan, application, permit or certification approved under the provisions of this article, shall be subject to a fine not exceeding $350 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 $350 nor more than $700 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 $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both.

However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.D. Withholding of certificate of occupancy. Occupation permits may not be granted until corrections to all stormwater management practices have been made and accepted by the Town of Webster's Public Works Department.