It shall be unlawful for any person to violate any provision
of or to fail to comply with any of the requirements of this article
or of the post-construction stormwater management plan. Whenever the
enforcement authority believes that a person has violated this article
or the post-construction stormwater management plan, the enforcement
authority may enforce this article in accordance with 30-A M.R.S.A.
§ 4452.
(a)
Whenever the enforcement authority believes that a person has violated
this article or the post-construction stormwater management plan,
the enforcement authority may order compliance with this article or
with the post-construction stormwater management plan by written notice
of violation to that person indicating the nature of the violation
and ordering the action necessary to correct it, including, without
limitation:
(1)
The abatement of violations, and the cessation of practices
or operations in violation of this article or of the post-construction
stormwater management plan;
(2)
At the person's expense, compliance with BMPs required as a
condition of approval of the new development, the repair of stormwater
management facilities and/or the restoration of any affected property;
and/or
(3)
The payment of fines, of the City's remediation costs and of
the City's reasonable administrative costs and attorneys' fees and
costs.
(b)
If abatement of a violation, compliance with BMPs, repair of stormwater
management facilities and/or restoration of affected property is required,
the notice shall set forth a deadline within which such abatement,
compliance, repair and/or restoration must be completed.
Any person who violates this article or the post-construction
stormwater management plan shall be subject to fines, penalties and
orders for injunctive relief and shall be responsible for the City's
attorney's fees and costs, all in accordance with 30-A M.R.S.A. § 4452.
Each day that such violation continues shall constitute a separate
violation. Moreover, any person who violates this article or the post-construction
stormwater management plan also shall be responsible for any and all
fines, penalties, damages and costs, including, but not limited to
attorneys' fees and costs, incurred by the City for violation of federal
and state environmental laws and regulations caused by or related
to that person's violation of this article or of the post-construction
stormwater management plan; this responsibility shall be in addition
to any penalties, fines or injunctive relief imposed under this chapter.
The Enforcement Authority may, with the approval of the municipal
officers, enter into a written consent agreement with the violator
to address timely abatement of the violation(s) of this article or
of the post-construction stormwater management plan for the purposes
of eliminating violations of this article or of the post-construction
stormwater management plan and of recovering fines, costs and fees
without court action.
Any person receiving a notice of violation or suspension notice
may appeal the determination of the enforcement authority to the Board
of Appeals in accordance with the provisions of the City's Zoning
Ordinance.[1] The notice of appeal must be received within 30 days from
the date of receipt of the notice of violation. The Board of Appeals
shall hold a de novo hearing on the appeal within 30 days from the
date of receipt of the notice of appeal. The Board of Appeals may
affirm, reverse or modify the decision of the enforcement authority.
A party aggrieved by the decision of the Board of Appeals may appeal
that decision to the Maine Superior Court within 45 days of the date
of the Board of Appeals decision pursuant to Rule 80B of the Maine
Rules of Civil Procedure.
[1]
Editor's Note: See Part III, Land Development Regulations,
of this Code.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal
to the Board of Appeals, within 45 days of a decision of the Board
of Appeals affirming or modifying the enforcement authority's decision,
then the enforcement authority may direct that the City's attorney
file an enforcement action in a Maine court of competent jurisdiction
under Rule 80K of the Maine Rules of Civil Procedure.
