Section 6. Injunctive Relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated, or continues to violate, the provisions of this ordinance, the authorized enforcement agency may petition any court of competent jurisdiction for a preliminary or permanent injunction restraining the person from activities which would create further violations. Such enforcement may also include compelling the person to perform abatement or remediation of the violation. Costs, including attorney fees, for injunctive relief may be assessed against the violator.

Section 7. Pre-existing Ponds.

  1. Ponds existing prior to the adoption of the Ordinance shall be considered legally non-conforming; however, they shall be maintained to the standard of the ordinance.
  2. Any major structural changes made or a size increase of 1,000 square feet or more will at minimum, require an inspection to determine if a permit is required.
  3. If it is determined that a permit is required, property owner will adhere to the same requirements as if it were a new pond construction.

Section 8. Abatement.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof, including court costs and attorney fees, shall be charged to the violator.