§ 1615. Reporting, monitoring, site inspections and notice to comply; stop-work orders.

(a)

The chairperson may require a permittee to implement monitoring and reporting procedures the chairperson believes are reasonably necessary to ensure compliance with the provisions of the permit and this article.

(b)

The Board chairperson may require such on-site inspections as he or she believes are reasonably necessary to determine whether the measures required by the permit are being properly performed, or whether the provisions of this article are being violated. Prior to conducting such inspections, notice shall be provided by the chairperson to the resident owner, occupier or operator, who shall be given an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the Board chairperson shall serve notice upon the permittee at the address specified in his or her application or by delivery at the site of the permitted activities to the person supervising the activities and designated in the permit to receive the notice. The notice shall describe the measures needed for compliance and the time within which these measures shall be completed. Failure of the person to comply within the specified period, constitutes a violation of this section.

(c)

Upon receipt of a sworn complaint of a substantial violation of this article, from the designated enforcement officer of the Board, the Board chairperson may, in conjunction with or subsequent to a notice to comply as specified in subsection (b) of this section, issue an order requiring all or part of the activities on the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized by this article, or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the coastal primary sand dunes protected by this article, the order may be issued without regard to whether the person has been issued a notice to comply as specified in subsection (b) of this section. Otherwise, the order may be issued only after the permittee has failed to comply with the notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the enforcing authority, permittee, resident owner, occupier or operator for appropriate relief to the circuit court. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the Board chairperson from taking any other action specified in section 1614 of this ordinance.

(d)

Upon receipt of a sworn complaint of a substantial violation of this article from a designated enforcement officer, the Board may order that the affected site be restored to predevelopment conditions if the Board finds that restoration is necessary to recover lost resources or to prevent further damage to resources. The order shall specify the restoration necessary and establish a reasonable time for its completion. The order shall be issued only after a hearing with at least thirty (30) days' notice to the affected person of the hearing's time, place, and purpose, and shall become effective immediately upon issuance by the Board. The Board shall require any scientific monitoring plan it believes is necessary to ensure the successful reestablishment of coastal primary sand dunes protected by this article and may require that a prepaid contract acceptable to the Board be in effect for the purpose of carrying out the scientific monitoring plan. The Board may also require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it securing to the Commonwealth compliance with the conditions set forth in the restoration order. The circuit court, upon petition by the Board, may enforce any such restoration order by injunction, mandamus, or other appropriate remedy. Failure to complete the required restoration is a violation of this article.

(e)

The duties of the Board chairperson prescribed in this section may be delegated to his or her designees; however, such designees shall not be designated enforcement officers.

(Ord. No. 1805, 8-22-88; Ord. No. 2203, 1-26-93)

(Ord. No. 1805, 8-22-88; Ord. No. 2203, 1-26-93)