Enforcement; penalties for offenses.

A. Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the maintenance agreement, the Town of Webster, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the Town of Webster shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have two days to affect maintenance and repair of the facility in an approved manner.

After proper notice, the Town of Webster may assess the owner(s) of the facility for the cost of repair work and any penalties, and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.B. Violations. Any development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.C. 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.D.

Stop-work orders. Persons receiving a notice of violation will be required to halt all construction and/or maintenance activities. This stop-work order will be in effect until the Town of Webster's Public Works Department confirms, in writing, that the activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.E. Civil and criminal penalties. Any person who violates the provisions of the ordinance 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.F. Holds on occupation permits. 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.