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<section number="32-236" name="Enforcement" law="code" slug="sec-32-236" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_32WAREPRGRCO_DIV5NOWEPROR_S32-236EN">
  <level label="a">
    <text>Enforcement Authority. The Department shall have the duty and means of enforcing all regulations of this Ordinance.</text>
  </level>
  <level label="b">
    <text>Inspection and Complaints.</text>
    <level label="1">
      <text>The Department shall conduct an Enforcement Program to assure continuing compliance with this Ordinance.</text>
    </level>
    <level label="2">
      <text>The Department shall conduct inspections and file reports for periodic inspections as necessary during the construction of permitted projects and approved mitigation plans to assure compliance with the permit or the Letter of Authorization.</text>
    </level>
    <level label="3">
      <text>The Department shall perform a final inspection upon completion of the permitted project and mitigation plans approved by the Department. The final inspection will determine if the completed work has been constructed in accordance with the permit, the Letter of Authorization, or the approved mitigation plan.</text>
    </level>
    <level label="4">
      <text>In addition to all other remedies provided by State or County law, the County Attorney, on behalf of the Department, may institute injunction, mandamus or other appropriate action.</text>
    </level>
  </level>
  <level label="c">
    <text>Violations and Penalties.</text>
    <level label="1">
      <text>The Department may revoke a permit for cause including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or a change in conditions. The Department shall notify the violator, in writing, and provide an opportunity for a hearing.</text>
    </level>
    <level label="2">
      <text>The Department may issue a Stop Work Order against any person who, or project that, violates any provision of this Ordinance, or any regulation, order, or permit under this Ordinance, related to a regulated activity.</text>
    </level>
    <level label="3">
      <text>A person who violates any provision of this Ordinance, or any rule, regulation, order or permit under this Ordinance is liable for the penalties set forth in subsection (c)(4) below, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection.</text>
    </level>
    <level label="4">
      <text>A person who violates any provision of, or fails to perform any duty imposed by, this Ordinance, or by a rule, regulation, order, or permit under this Ordinance, is guilty of a misdemeanor and, on conviction, is subject to:</text>
      <level label="A">
        <text>For a first offense, a fine not to exceed $10,000; or</text>
      </level>
      <level label="B">
        <text>For a second offense or subsequent offense, a fine not to exceed $25,000.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>All enforcement fines, fees and bond forfeitures collected will be credited to the Nontidal Wetland Compensation Fund as described in Section 32-234.</text>
  </level>
</section>
