13.16.130 Enforcement.
A. This chapter may be enforced through the administrative code enforcement program of the Midvale Municipal Code, or by filing civil or criminal actions. The city has sole discretion to decide whether to file a civil or criminal case for a violation. The city may file both, or one or the other. The possibility of an administrative remedy pursuant to administrative code enforcement in no way interferes with the city’s right to prosecute violations of this chapter as criminal offenses. The city may use any of the remedies available under the law in both civil and criminal prosecution. If the city chooses to file both civil and criminal charges for the same violation, no civil penalties may be assessed, but all other remedies are available.
B. For construction-related activities, the city may take the following actions in addition to the actions permitted under subsection (A) of this section:
1. Compliance Order. A compliance order is a written notification issued by the city and served on the owner/operator directing the owner/operator to correct work that is out of compliance with the approved SWPPP or other development approved plans. Work is allowed to continue for the time limit identified in the compliance order to correct the deficiencies noted. Failure to comply with the compliance order will result in a stop work order being issued.
2. Stop Work Order. A stop work order is a written notification issued by the city and served on the owner/operator directing the owner/operator to stop all work immediately. Work can only be resumed after the conditions and the requirements of the stop work order have been met and the city has conducted an inspection and issued a notice of compliance. This also includes the suspension of all building inspections.
3. Referral to Salt Lake County Health Department. The city will notify the Salt Lake County Health Department of any threatened discharge or public nuisance conditions that may or may not be related to construction requirements.
4. Abatement. Whenever a violation is identified which will result in an immediate danger to public health or safety and the violation is not immediately corrected by the responsible party, Midvale City and Salt Lake County Health Department may take whatever actions are necessary to abate the violation. The cost of such abatement shall be charged to the responsible party. (Ord. 2021-20 § 1 (Att. A); Ord. 6/15/2004O-23 § 1 (part))