Land Development Ordinance. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this section, or fails to take appropriate action, so that a violation of this section results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. For the purposes of this section responsible person(s) shall include but not be limited to: i. Person Maintaining Condition Resulting in or Constituting a Violation . An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this section, or fails to take appropriate action, so that a violation of this section results or persists. ii. Responsibility for Land or Use of Land . The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. (2) Remedies & Penalties . The remedies and penalties provided for violations of this section, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law and in accordance with Article R Violations, Penalties & Legal Provisions in the Land Development Ordinance, and may be exercised in any order in accordance with the following:
A. Remedies . Remedies shall be applied as follows:
i. Withholding of Certificate of Occupancy . The Stormwater Administrator or other authorized agent may refuse to issue a Certificate of Occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described herein. ii. Disapproval of Subsequent Permits & Development Approvals . As long as a violation of this section continues and it remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the Town Board of Commissioners may deny, any request for a permit or development approval or
Made with FlippingBook interactive PDF creator