§ 14. Enforcement.

(a)

Any development commenced without the prior approval of a Southern Rivers Watershed Management Plan or which is conducted contrary to such approved plan shall be deemed a public nuisance and may be enjoined or abated by the city in a manner provided by law without the necessity of showing that no adequate remedy at law exists.

(b)

In addition to any other penalty or remedy herein provided, any person convicted of violating any of the provisions of this ordinance shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by confinement in jail for a period of not more than thirty (30) days, either or both.

(c)

Without limiting the remedies which may be obtained pursuant to this section, the city may bring a civil action against any person for a violation of any of the provisions of this ordinance. Such action may seek the imposition of a civil penalty of not more than two thousand dollars ($2,000.00) for each violation.

(d)

With the consent of any person who has violated or failed, neglected or refused to comply with any of the provisions of this ordinance, the city manager or his designee may provide, in an order issued by him against such person, for the payment of a civil charge of not more than two thousand dollars ($2,000.00); provided, however, that such order shall not excuse compliance with any of the provisions of this ordinance. Monies collected pursuant to this subsection shall be dedicated to the natural resources conversation and restoration fund.

(e)

Prior to the approval of any Southern Rivers Watershed Management Plan, there shall be required of the applicant a reasonable performance bond, cash escrow, letter of credit or other legal surety or combination thereof acceptable to the city attorney to ensure that measures may be taken by the city, at the applicant's expense, should he fail, after reasonable notice, within the time specified in such notice, to comply with the requirements of this ordinance. Within sixty (60) days after final inspection of the development activity, such surety, or the unexpended or unobligated portion thereof, shall be returned to the applicant or terminated, as the case may be.

(f)

Upon notice from the city manager or his designee that any activity is being conducted in violation of any of the provisions of this ordinance, such activity shall immediately be stopped. An order to stop work shall be in writing and shall state the nature of the violation and the conditions under which activity may be resumed. No such order shall take effect until it has been tendered to the owner of the property upon which the activity is conducted or his agent or to the person conducting such activity. Any person who continues an activity ordered to be stopped, except as directed in the stop-work order, shall be guilty of a violation of this ordinance.

(Ord. No. 3370, 9-16-14)

(Ord. No. 3370, 9-16-14)