§ 26-45. Penalties and incentives.

(a)

Failure to obtain a permit for land disturbing activity. If any person commences any land disturbing activity requiring a land disturbing permit, as prescribed in this article, without first obtaining said permit, the person shall be subject to revocation of his business license, work permit, or other authorization to conduct any business and associated work activities within the jurisdictional boundaries of Fulton County. Failure to comply may result in a citation being issued to appear in state magistrate court which may result in monetary fines.

(b)

Stop work orders and notice to comply.

(1)

On development and residential land disturbance sites for the first and second violations of the provisions of this article, the director or the LIA shall post an official notice to comply and as a courtesy issue a written letter. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or the LIA shall issue a stop-work order requiring the land-disturbance activity be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the director shall issue an immediate stop-work order in lieu of notice to comply.

(2)

For the third and each subsequent violation, the director or the LIA shall issue an immediate stop-work order; and

(3)

All stop-work orders shall be in effect until the necessary corrective action has occurred.

(4)

It shall be unlawful for any representative of the owner to remove an official notice to comply or stop work posting. If this action is observed by a county representative, the owner will be responsible for any and all possible fines. Upon issuance of a stop work order, the director or representative shall post official notice at such locations on the project site as deemed appropriate. Such posted official notice(s) shall be prominently displayed on the owner's property until the stop work order is rescinded by the director, at which time said posted notice(s) will be removed by the director or representative.

(5)

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the director or his or her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(c)

Reinspection fee. The director shall assess a minimum $50.00 reinspection fee to a project if a reinspection is requested prior to the end of a compliance period and the site is found to remain out of compliance upon that inspection. Such fees (to cover administrative, field inspections, and transportation costs) must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy.

(d)

Bond forfeiture. If, through inspection, it is determined that a person engaged in land disturbing activities has failed to comply with the approved plan and permit, an official notice to comply shall be posted on-site and a letter will be issued as a courtesy. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of subsection 26-40(b)(6). Fulton County may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbing activity and bring it into compliance.

(e)

Non-compliance. Non-compliance with this article shall be dealt with as follows:

Any person found to be in non-compliance with any provision of this article shall be served official notice by the department of environment and community development. The offender shall, within the period of time stated in the notice, take all necessary action to gain compliance and shall permanently cease such non-compliance.

(f)

Monetary penalties. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provide in this article shall be liable for a civil penalty not to exceed $2,500.00 per day. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(1)

The following minimum penalties shall be imposed:

Conducting land disturbance activities without a land disturbance permit or building permit (first offense)—$250.00 for each violation or each day on which a violation exists.

Conducting land disturbance activities without a land disturbance permit or building permit (second or subsequent offense)—$1,000.00.

Lack of proper installation or maintenance of structural/vegetative best management practices—$250.00 per violation.

Working under a stop work order (first offense)—$500.00.

Working under a stop work order (second or subsequent offense)—$1,500.00.

(2)

Upon violation of the provisions of this article, Fulton County shall be entitled to take such remedial action as the director deems necessary to ensure compliance, and the violator shall reimburse Fulton County for any cost or expense associated with such compliance efforts and Fulton County shall be entitled to place a lien on the property to secure payment and reimbursement for these expenses.

(3)

The department of environment and community development has the primary responsibility for the enforcement of this article.

(4)

Persons designated by the director are hereby authorized to issue official notices, citations, and/or summons charging violations under this article, returnable to the state or magistrate courts of Fulton County, or any other court of competent jurisdiction.

(Res. No. 05-0690, 6-15-05; Ord. No. 10-0576, 6-2-10)