<div class="chunk-title">Sec. 14-163. - Penalties.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Civil penalties.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Any person who violates any of the provisions of this article, or rules or orders
               adopted or issued pursuant to this article or who initiates or continues a development
               for which a stormwater control plan and/or permit is required, or when such development
               was ordered to cease by the county engineer or designee, except in accordance with
               the terms, conditions and provisions of an approved plan and/or permit shall be subject
               to a civil penalty. The maximum civil penalty for a violation is $5,000.00 per day.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               No penalty shall be assessed until the person alleged to be in violation has been
               notified of the violation as provided in <a href="" data-chunk-id="COOR_CH14EN_ARTVST_DIV1STMA_S14-160MAOBSTCOSY" class="section-link" data-product-id="12650">section 14-160</a> of this article. If after the allotted time period has expired, the violator has
               not completed corrective action, a civil penalty may be assessed from the date the
               violation was detected. However, no time period for compliance need be given for failure
               to submit a stormwater control plan for approval, for failure to obtain a stormwater
               permit, for obstructing, hampering or interfering with an authorized representative
               while in the process of carrying out his official duties, or for an illegal discharge.
               Each day of continuing violation shall constitute a separate violation.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The county engineer, upon consideration of the recommendation of the stormwater administrator,
               shall assess the civil penalty authorized by this section. The county engineer shall
               notify the person who is assessed the civil penalty of the amount of the penalty and
               the reason for assessing the penalty. In determining the amount of the penalty the
               following factors shall be considered: the degree and extent of harm caused by the
               violation, the cost, if any, of rectifying the damage, the amount of money the violator
               saved by noncompliance, whether the violation was committed willfully, and the prior
               record of the violator in complying or failing to comply with the Act, promulgated
               rules and this article. The notice of assessment shall be served by certified mail,
               return receipt requested, or personal service by the sheriff, county engineer, stormwater
               administrator, or their designee, and shall direct the violator to either pay the
               assessment or contest the assessment, within 15 days after receipt of the notice of
               assessment, by requesting a hearing before the board of county commissioners. Appeals
               of civil penalty assessments shall be conducted in accordance with <a href="" data-chunk-id="COOR_CH14EN_ARTVST_DIV1STMA_S14-160MAOBSTCOSY" class="section-link" data-product-id="12650">section 14-160</a>.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If payment is not received within 30 days after the assessment is due, the matter
               will be referred to the county attorney's office for initiation of a civil action
               to recover the amount of the civil penalty. An assessment that is not contested is
               due when the violator is served with a notice of assessment. An assessment that is
               contested is due at the conclusion of the administrative review of the assessment.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Criminal penalties.</span> Violation of this article is punishable as a misdemeanor as provided in <a href="" data-chunk-id="COOR_CH1GEPR_S1-6GEPE" class="section-link" data-product-id="12650">section 1-6</a> of this Code, above.
               </p>
            		
            <p class="historynote0">
               (Ord. of 11-23-20(3))
               </p></div>