The text
(a)
Notification of violation. Whenever there is a failure to comply with the provisions of this chapter, the town shall have the right to notify the applicant/owner that he or she has five calendar days from the receipt of the notice to temporarily correct the violations and 30 calendar days from receipt of notice to permanently correct the violations.
In the event that the stormwater management facility becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the town shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have 14 calendar days to complete maintenance and repair of the facility in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and enforce penalties and/or liens as described herein.
(b)
Enforcement of penalties and liens. Should the applicant/owner fall to take the corrective actions, the town shall then have the right to take the available appropriate remedies it deems necessary to correct the violations including fining the owner pursuant to section 1-15 of the town Code of Ordinances and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the town, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including assessment of a lien on the property.
Whenever a stormwater management facility is not implemented, operated, and/or maintained in accordance with the stormwater management plan that has been approved in accordance with this chapter, any penalty invoked shall be in accordance with section 1-15 of the town Code of Ordinances.
(Ord. of 3-7-22, § 3)