A.
The Village of Sea Cliff shall designate a Village
employee or officer as the Stormwater Management Officer(s) [SMO(s)].
A consultant may not be appointed as a Stormwater Management Officer.
B.
The Stormwater Management Officer shall:
(1)
Administer, implement, and enforce the provisions
of this chapter.
(2)
Accept and review all stormwater pollution prevention
plans and forward such plans to the applicable Village Board.
(3)
Inspect stormwater management practices.
(4)
Perform such duties and functions and take such actions
as are directed, authorized or permitted by any section of this chapter.
C.
The Stormwater Management Officer may:
(1)
Review all stormwater pollution prevention plans;
or
(2)
Upon approval by the Board of Trustees of the Village
of Sea Cliff, engage the services of a registered professional engineer
to review the stormwater pollution prevention plans, specifications
and related documents at a cost not to exceed a fee schedule established
by the Board of Trustees; or
(3)
Accept the certification of a licensed professional
that the stormwater pollution prevention plans conform to the requirements
of this chapter.
D.
The powers granted or duties imposed upon the Stormwater
Management Officer, including plan reviews and site inspections, may
be delegated in writing by the SMO to a consultant, as may be authorized
by the Board of Trustees. However, final approval must be made by
the Stormwater Management Officer. Plan reviews and site inspections
delegated to a consultant shall be paid for through the applicant's
escrow account.
A.
In addition to or as an alternative to any penalty provided for herein or by law, any person who violates the provisions of this Chapter 109 shall be guilty of a violation punishable as follows:
(1)
For conviction of a first offense, by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both;
(2)
For conviction of a second offense, both of which
were committed within a period of five years, by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed
six months, or both; and
(3)
Upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both.
B.
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this Chapter 109 shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
C.
Each week's continued violation shall constitute a
separate additional violation.
A.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter 109. If a person has violated or continues to violate the provisions of this Chapter 109, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
The provisions of this Chapter 109 are hereby declared to be severable. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Chapter 109 shall be judged invalid by a court of competent jurisdiction, or if any provision, clause, sentence, or paragraph of this Chapter 109 or the application thereof to any person, establishment, or circumstances shall be held invalid, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Chapter 109, nor shall such invalidity affect the other provisions or application of this Chapter 109.
