Lincoln Municipal Code Art. VI Enforcement and Penalties

Any development activity that is commenced or is conducted contrary to this chapter shall be deemed to be a public nuisance may be restrained by injunction or otherwise abated in a manner provided by Chapter 8.08 of the Lincoln Municipal Code.

(Ord. No. 826B, § 1(8.60.60), 10-23-2007)

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 notice of violation to the owner of the property. The notice of violation shall contain:

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

(2) The address when available or a description of the building, structure or land upon which the violation is occurring;

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

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

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

(6) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

(Ord. No. 826B, § 1(8.60.61), 10-23-2007)

Persons receiving a notice of violation will be required to halt all construction activities. This "stop work order" will be in effect until the city confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a 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. 826B, § 1(8.60.62), 10-23-2007)

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be punished by a fine of not less than $500.00. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.

(Ord. No. 826B, § 1(8.60.63), 10-23-2007)

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(Ord. No. 826B, § 1(8.60.64), 10-23-2007)

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

(Ord. No. 826B, § 1(8.60.65), 10-23-2007)