Section 5. Enforcement and Penalty.

Enforcement of this ordinance shall be subject to the severity of the infraction and the construction site operator’s efforts to comply. The County shall reserve the right to interpret enforcement on a case-by-case basis, not to exceed the guidelines below. Variations in enforcement require approval by Delaware County officials.

Stop Work Orders will be issued due to, but not limited to, the following examples:

  1. Beginning work without a permit;
  2. Noncompliance with Ordinance;
  3. Environmental violations;
  4. Safety Hazards.

The tiered enforcement may include:

  1. Stop Work Order and written Notice to Comply

    A posted Stop Work order shall be immediately followed by a written Notice to Comply. That notice shall include:

    1. Reason issued.
    2. Steps needed for compliance
    3. A specified period of time to comply
  2. Fines and Penalties

    If no attempt is made to contact Delaware County and begin corrective measures within 30 days, a fine of $2,000 may be applied.

  3. Failure to Comply
    1. If Stop Work order reasons are violated, neglected, or otherwise disregarded, there will be a fine schedule imposed.
    2. With an initial fine of $2,000, if after 15 days it is not corrected, a $250 fine will be added. If after 30 days that violation is not corrected, an additional $500 fine per day will be added to total fine.
    3. Failure to comply may result in Delaware County seeking Injunctive Relief.

Appeal Process:

Persons with previously denied applications or recipients of Stop Work Orders may seek an appeal from the Delaware County Commissioners. During the appeal process, all work must cease.

Procedure:

  1. The appellant must, by registered mail, give the Delaware County Commissioners a (15) fifteen day written notice of his or her intention to appeal. This notice must concisely state the appellants grievance, original application, and project plans.
  2. The Board of Commissioners will then analyze the documentation of the appellant and the Delaware County officials’ findings, reasons for denial or Stop Work Order.
  3. The Board of Commissioners shall then make determination which shall be reduced to writing and copies shall be furnished to Appellant and Delaware County Officials.