§ 936.19. Enforcement.

(a)

No person(s), individual(s), landowner(s), developer(s), operator(s), or their assign(s) shall construct or maintain any property, residence or business not in compliance with the standards of this Article.

(b)

The Code Enforcement Officer, the Designated Manager, and other authorized employees of the City bearing proper credentials and identification shall be permitted, after reasonable notice, to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The inspections shall be made on a regular basis to ensure BMPs are intact. For BMPs maintained by the property owner or homeowner's association, inspection and maintenance reports must also be filed with the WVDEP.

(c)

No person(s), individual(s), landowner(s), developer(s), operator(s), or their assign(s) shall fail to provide any report or other information or perform any duty required by this Article.

(d)

The Designated Manager is authorized to take appropriate legal action as referred to under penalties to require compliance with this Article.

(e)

The Designated Manager is authorized to enforce and collect upon the terms of a construction and/or repair bond in the event of default of the conditions described therein.

(f)

If, after reasonable notice, a person, individual, landowner, developer, operator or their assign fails to comply with this Article, the Designated Manager, with approval of the Board, may cause work to be done to obtain compliance and shall charge the cost of that work to the person responsible or give written notice for cease and desist of all construction. For billed charges, the responsible person shall pay in full the amount within 30 days of the invoice date, or otherwise make arrangements, acceptable to the Designated Manager, for full payment of the invoiced amount.

(g)

In addition to any other remedy, the Designated Manager, after 30 calendar days written notice and five calendar days notice posted on the affected property, is authorized to disconnect water service, sanitary sewer and water pollution control sewer services to any property in violation of this Article. The notice shall state that persons affected may within five calendar days provide the Designated Manager with any information or reasons as to why services should not be disconnected.

(h)

The Designated Manager is authorized to take all steps necessary to immediately halt any discharge of pollutants which reasonably appear to present an imminent danger to the health or welfare of persons or to the environment.

(i)

Persons aggrieved by any determination of the Designated Manager in enforcing this Article may appeal that determination to the Hurricane Sanitary/Water Pollution Control Board or a court of proper jurisdiction. Prosecution shall be stayed pending such an appeal.

(j)

Violation of this provision shall subject the violator to such penalties as are set forth in Sections 936.32 and 936.33 as set forth hereinafter and incorporated herein by reference as though fully set forth.

(Ord. of 6-6-2005(1), § 936.19; Ord. of 1-3-2006; Ord. of 8-6-2012(2))