§ 74-42. Stop work, penalties, and fines.

(a)

Failure to obtain a permit for land-disturbing activity. No person shall conduct land-disturbing activity that requires an LDA permit in accordance with section 74-39 of this article, and no person shall conduct land-disturbing activity that requires a building permit in accordance with Appendix A, section 103.1 of the City of Atlanta Land Development Code without first obtaining said permit, respectively. Conducting land-disturbing activity without a required permit shall be a violation of this Code. A person that conducts land-disturbing activity in violation of this subsection shall be subject to revocation of its business license, work permit, or other authorization for the conducting of business and associated activities within the jurisdictional boundaries of the city, and shall be subject to an assessment of double the applicable fees in accordance with Atlanta City Code Appendix A, Building Code Amendments, section 104.2(d).

(b)

Land-disturbing activity stop-work orders; effect. When a land-disturbing activity stop-work order is issued by the city, such stop-work order shall be a final order of the city, shall be effective immediately, and shall apply to all land-disturbing activity on the site, except for necessary corrective action or mitigation, and shall be in effect until such corrective action or mitigation has occurred. Performing land-disturbing activities on a site while subject to a land-disturbing activity stop-work order shall be a violation of this article.

(c)

Project-wide stop-work orders; effect. When a project wide stop-work order is issued by the city, such stop-work order shall be a final order of the city, shall be effective immediately and shall apply to all activity on the site, including but not limited to land-disturbing activity, construction, architecture, landscape, electric, plumbing, and any other work at the site, except for necessary corrective action or mitigation, and shall be in effect until such corrective action or mitigation has occurred. Performing activities on a site while subject to a project wide stop-work order shall be a violation of this article.

(d)

Notice to comply for first violation of article. Except as otherwise provided in this section, for the first violation of the provisions of this article, the city shall issue an official, written notice to the owner, operator, or violator. The owner, operator, or violator shall have three days to correct the violation. If the violation is not corrected within three days, the city shall issue a land-disturbing activity stop-work order. If the violation is not corrected within three days from the issuance of the land-disturbing activity stop-work order, the city shall issue a project wide stop-work order.

(e)

Additional violations of article; when stop-work. For a second and for each subsequent violation of the provisions of this article, the city may issue an immediate land-disturbing activity stop-work order. If the violation is not corrected within three days from the issuance of the land-disturbing activity stop-work order, the city may issue a project wide stop-work order.

(f)

Stop-work orders not requiring warning. A stop-work order shall be issued immediately by the city for any of the following, which are violations of this Code:

(1)

Commencing any land-disturbing activity requiring a land-disturbing activity permit without first obtaining a permit pursuant to section 74-42(a); or

(2)

Commencing any land-disturbing activity requiring a land-disturbing activity permit without first conducting a pre-construction meeting with the city pursuant to section 74-43(e); or

(3)

If the violation presents an imminent threat to public health or waters of the state pursuant to section 74-43(c)(18); or

(4)

If significant amounts of sediment, as determined by the city, have been or are being discharged into state waters pursuant to section 74-43(b)(2); or

(5)

Commencing any land-disturbing activity in either the state waters buffer or the riparian buffer that requires either a state buffer variance or an authorized encroachment in accordance with Article VII Chapter 74 section 306 without first obtaining the required variance or authorized encroachment, pursuant to sections 74-43(c)(15), 74-43(c)(16), or 74-43(d); or

(6)

Best management practices have not been properly designed, installed, and maintained pursuant to section 74-43(b)(1).

(g)

Fines and illegal buffer encroachments.

(1)

Any person who violates any provisions of this article, or any LDA 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 city or director issued as provided in this ordinance shall be liable for a fine not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any City Charter to the contrary, the city's municipal courts have been authorized by the General Assembly to impose a fine 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.

(2)

Any person who violates section 74-43(c)(15) or section 74-43(c)(16) by performing land-disturbing activities or placing fill or structures within a state waters buffer or a riparian buffer without a state buffer variance or an authorized encroachment in accordance with Article VII Chapter 74 section 306 shall, in addition to any fine or stop-work order, remove such encroachment and temporarily stabilize any disturbed area in accordance with the Manual for Erosion and Sediment Control. From and after the effective date of this ordinance, the unauthorized placement of fill or structures within a state waters buffer or a riparian buffer shall constitute a nuisance per se and shall be unlawful. The Solicitor or City attorney is authorized to file such actions as may be necessary to remedy the unauthorized placement of fill or structures within a state waters buffer or riparian buffer, including a petition for a restraining order, injunction, abatement, or any other appropriate legal action or proceeding in a court of competent jurisdiction to prevent, restrain, or abate an unlawful use or activity.

(3)

Buffer Restoration and Revegetation Plan Required. Any person in violation of section 74-42(h)(2), above, shall submit a Buffer Restoration and Revegetation Plan to the city in accordance with the City of Atlanta Buffer Revegetation Guidelines, referenced in Article VII Chapter 74 section 306(d)(3), and in accordance with the approved Buffer Restoration and Revegetation Plan, the violator shall restore the buffer with native riparian vegetation. Final sign-off of the land-disturbing activity in accordance with section 74-43(f) shall be contingent upon implementing the Buffer Restoration and Revegetation Plan.

(4)

Any fine imposed pursuant to subsections (1) or (2) of this section shall be in addition to any stop-work order issued by the city or the director under his or her authority.

(h)

Bond forfeiture. If after official notice, the owner or operator fails to bring the site into compliance with this Article, he or she shall be deemed in violation of this article and, in addition to other fines or penalties, shall be deemed to have forfeited the performance bond set out in section 74-39(b)(5). Upon notice by the city that the bond is forfeited, the bonding company shall bring the site into compliance in accordance with section 74-39(b)(5)(iv). Alternatively, the city may remediate and stabilize the site to bring it into compliance, arid the bonding company shall be responsible for the associated costs up to the amount of the bond.

(i)

Liens. Any costs incurred by the city in accordance with section 74-42(h) that are not covered by the performance bond shall be assessed against the property on which the land-disturbing activity occurred and shall constitute a lien on the property if such costs are not paid within 60 days of receipt of notice of such costs. Notice shall be deemed effective within five days of the city mailing or delivering by courier or express mail written notice addressed to the property owner(s) as ownership appears on the tax records of Fulton or DeKalb County.

(j)

Compliance meetings. In addition to any enforcement mechanism or fine imposed pursuant to section 74-42, the commissioner may invite the owner or operator to a compliance meeting to review the determination that a violation of this article has occurred, and the consequent remedial action(s) to be taken. If the owner or operator and the commissioner can agree to appropriate remedial and preventive measures. such measures and a reasonable compliance schedule shall be incorporated as a supplemental condition of the permit. If an agreement is not reached through this process, the commissioner may institute other enforcement actions in accordance with this ordinance to ensure compliance with the provisions of this article or other laws or regulations.

(k)

Show cause hearing. The commissioner may order an owner or operator that causes or contributes to violations of this article to appear before the commissioner and show cause why enforcement actions should not be taken. Notice shall be served on the owner or operator and shall specify the date, time, and location of the hearing., the reasons for this hearing, and proposed enforcement actions.

(l)

Consent agreements. The commissioner may enter into a consent order or establish an agreement with the owner or operator responsible for noncompliance. Such orders will include the specific action(s) to be taken by the owner or operator to correct the noncompliance within a time frame specified in the order. Failure of an owner or operator to abide by a consent agreement shall be grounds for further and additional enforcement.

(m)

Assessment of damages. When erosion or sedimentation from a land-disturbing activity causes damage or any other impairment to city facilities or property, the commissioner shall assess the expenses incurred by the city to repair damage to the city facilities or property, and any other expenses or damages incurred by the city. The commissioner shall file a claim with the owner, operator, or any other person causing said damages seeking reimbursement for any and all expenses or damages suffered by the city. If the claim is ignored or denied, the commissioner shall notify the city attorney to take such measures as shall be appropriate to recover for any expense or other damages -suffered by the city.

(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 2010-43(10-O-0808), § 8, 7-27-10)