§ 26-186. General.

(a)

Authority to enforce. The provisions of this article shall be enforced by the stormwater administrator, his designee, or any authorized agent of the town. Whenever this article refers to the stormwater administrator, it includes his designee as well as any authorized agent of town.

(b)

Violation unlawful. Failure to comply with any applicable requirement, prohibition, standard, or limitation imposed by this article, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article.

(c)

Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.

(d)

Penalty assessed after notice served. No penalty shall be assessed until the person alleged to be in violation has been served notice of the violation as described in section 26-188 except as provided below. Refusal to accept the notice shall not relieve the violator of the obligation to pay such penalty.

(e)

Responsible persons/entities.

(1)

Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this article shall be subject to the remedies, penalties, or enforcement actions in accordance with this article. 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 article, or fails to take appropriate action, so that a violation of this article 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.

(2)

For the purposes of this article, the term "responsible person" shall include:

a.

Person maintaining condition resulting in or constituting 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 article, or fails to take appropriate action, so that a violation of this article results or persists; and

b.

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.

(Code 2003, § 32-72; Ord. No. 09-05, 3-19-2009)