A. Violations: Violations, punishable by civil or criminal penalties, include, but are not limited to:
1. Any violation of a provision of this chapter;
2. Any violation of any provision, term, or condition of a dust control plan;
3. Failure to pay any fee; or
4. Falsification of any material statement, representation or certification in any application, notice or report.
B. Response To Violations: In response to a violation the city may take one or more of the following actions:
1. Issue a compliance advisory notice;
2. Issue a notice of violation;
3. Issue a stop work order; or
4. Issue an administrative citation.
C. Failure To Correct: Failure to correct any condition indicated in a notice of violation within the time frame stated is a class B misdemeanor. In response to this violation the city may initiate one or more of the following actions:
1. Criminal proceedings;
2. Civil proceedings to obtain an injunction, or any other relief against the owner or operator to stop operations at the site;
3. Refusal to issue future permits and/or release of securities bond until the owner or operator has adequately demonstrated compliance with the notice of violation;
4. Correction of condition by city through agents of the city entering and stabilizing the site of source emissions, and use of any securities bond held under this chapter.
D. Compliance Advisory Notice: A compliance advisory notice may be served as a warning to encourage prompt, voluntary compliance without the need for further administrative action. The notice shall include the information required by subsections 1-12B-1-2A1 through A5 of this code, including the requirements of this chapter and the action needed to bring the property into compliance.
E. Notice Of Violation: If a violation has occurred or continues to exist following the issuance of a compliance advisory notice, the city may issue a notice of violation, which shall follow the requirements of section 1-12B-1-2 of this code.
F. Stop Work Order: The city may issue a stop work order alone or in connection with a compliance advisory notice, notice of violation, or an administrative citation. A stop work order requires the immediate cessation of all activities specified in the stop work order. Continuance with work after a stop work order is in place shall constitute a second violation punishable by fine as set forth in subsection H of this section.
1. The stop work order shall be removed when the property comes into compliance with the provisions of this chapter.
2. The owner or permit holder shall submit a signed and dated statement detailing how the work site has been brought into compliance with city approval.
G. Civil Penalties: Civil penalties shall be assessed immediately for each violation listed on the administrative citation. The penalties shall be those established in the city fee schedule. Fines shall be owed to the city for each and every subsequent day of violation. Payment of the penalty shall not excuse the failure to correct the violations, nor shall it bar further enforcement action by the city.
H. Criminal Penalties: Criminal penalties shall be as follows:
1. Violators shall be guilty of an infraction punishable by a minimum fine of five hundred dollars ($500.00) for a first violation and a minimum fine of seven hundred fifty dollars ($750.00) for a second violation which occurs within one year of the first.
2. A third violation, or more, within one year shall be punishable by a minimum fine of one thousand dollars ($1,000.00) or by imprisonment in the county jail for no more than six (6) months or both.
3. Each and every day shall be a separate offense. (Ord. 2007-12-005, 12-6-2007)