Lincoln Municipal Code Art. III Enforcement

The city or authorized agent shall enforce the provisions of this chapter.

(Ord. No. 876B, § 1, 1-22-2013)

Any construction or land disturbance activity that is commenced or is conducted contrary to this chapter shall be deemed to be a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by Chapters 1.20 or 8.08 of the Municipal Code.

(Ord. No. 876B, § 1, 1-22-2013)

When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written administrative notice of violation to the owner of the property or the legally responsible person. The notice of violation shall contain:

(1) The name and address of the owner or applicant;

(2) The address of the project site or a description of the project site location if an address is not available;

(3) A statement specifying the nature of the violation;

(4) A description of the remedial measures necessary to bring the construction activity into compliance with this chapter and a time schedule for the completion of such remedial action;

(5) The violation may require the performance of monitoring, analysis, and reporting;

(6) A statement of the penalty or penalties that shall or may be assessed against the person to whom the violation is directed;

(7) A statement that the determination of the violation may be appealed to the municipality by filling written notice of appeal within 15 days of services of notice of violation.

(Ord. No. 876B, § 1, 1-22-2013)

Persons receiving a notice of violation will be required to halt all construction activities except for remedial actions required by the notice of violation. The "stop work order" will be in effect until the city confirms that the construction activity is in compliance and the violation has been satisfactorily addressed. Failure to address the notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

(Ord. No. 876B, § 1, 1-22-2013)

In addition to, or as an alternative to any penalty provide herein or by law, any person who violates the provisions of this chapter shall be punished by a civil fine in accordance with Chapter 1.20 of the city's Municipal Code.

(Ord. No. 876B, § 1, 1-22-2013)

If correction has not occurred within the time period required by the notice of violation, the continuing violation shall be deemed a public nuisance, and the city or contracting agent hired by the city may abate the nuisance as provided by the city's Municipal Code Section 8.08.

(Ord. No. 876B, § 1, 1-22-2013)

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time notice, the city may take necessary corrective action as provided by the city's Municipal Code.

(Ord. No. 876B, § 1, 1-22-2013)

Certificates of occupancy will not be granted until all corrections to all storm water practices have been made and accepted by the city.

(Ord. No. 876B, § 1, 1-22-2013)

If a property owner chooses to show why any specific enforcement action does not apply to the conditions on his property he may appeal the enforcement action in accordance with the Municipal Code by writing to the city within ten days of receiving the enforcement action. The city will respond to the appeal within ten days. If the property owner is still not satisfied with the outcome of the appeal, he may request a formal hearing regarding the matter being appealed. All abatements may be appealed per the hearing requirements per Chapter 8.08 of the Municipal Code.

(Ord. No. 876B, § 1, 1-22-2013)