§ 34-239. Penalties.

(a)

Any person who commits, takes part in or assists in any violation of any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each violation of this article shall be a separate offense.

(b)

When a building or other structure has been constructed in violation of this article, the violator may be required to remove the structure, at the discretion of the city council or their designee.

(c)

When removal of vegetative cover, excavation or fill has taken place in violation of this article, the violator may be required to restore the affected land to its original contours and restore vegetation, as far as practicable, at the discretion of the city council or their designee.

(d)

If the city council or their designee discovers a violation of this article that also constitutes a violation of the provisions of the Clean Water Act as amended, the city council or their designee may issue written notification of the violation to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers and the landowner.

(e)

Suspension, revocation. The city council or their designee may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The city council or their designee may cause notice of its denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a newspaper having a broad circulation in the area where the wetland is located.

(Ord. No. 99-1, § 5(5.1)—(5.5), 2-2-1999)