2015-07-09_PERMIT FILE - P2015016 (2)

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Public Services— Watershed Protection District the person on the premises and a request for access be made. If the premises are unoccupied, reasonable efforts shall be made to locate and/or provide notice to the owner or operator of the land or facility in question of the desired access. If access is refused, a warrant to enter onto the premises shall be obtained ex parte from the Municipal Court. (b) Stop work and cease and desist orders. Whenever any development or activity is being performed or continued in violation of the provi- sions of this Chapter or the terms and conditions of a permit, or where it is determined that a per- mit was issued in error or as the result of incor- rect, inaccurate or misleading information, the Town Administrator or Public Works Director may execute and issue a written stop work and/or cease and desist order commanding that the sub- ject development or activity immediately cease and/or be corrected. A stop work and/or cease and desist order shall set forth in plain language the nature of any violation and shall be served on the permittee or person engaged in the prohibited development or activity by personal service or by regular mail. A copy of the order shall also be posted at some conspicuous place on the subject premises. Appeals or challenges to a stop work or cease and desist order shall be heard by the Board of Selectmen upon written request filed with the Town Clerk not less than five (5) working days after service of the order on the permittee or person contesting same. The failure of a person to timely file an appeal or challenge, or to appear at the hearing thereon, shall consti- tute a waiver of his or her right to contest the order. Hearings shall be conducted by the Board of Selectmen within thirty (30) days from the date on which the written notice of appeal or challenge was filed with the Town Clerk. Writ- ten notice of the hearing shall be sent by regular mail or personally served on the appellant not less than ten (10) days in advance thereof. The continuation of any development or activity subject to a stop work or cease and desist order shall constitute a violation of this Chapter. 13-28 13.50.140 (c) Permit revocation. (1) All watershed permits shall be sub- ject to revocation by the Town Administrator for violations of this Chapter or the rules and regulations adopted pursuant thereto, inclu- sive of stop work and cease and desist orders. Written notice of a proposed revocation shall be mailed to the permittee not less than fif- teen (15) days prior to the effective date of the revocation and shall set forth in plain lan- guage the grounds justifying the revocation. A hearing on the revocation shall be con- ducted by the Board of Selectmen upon the written request of the permittee filed with the Town Clerk prior to the effective date of the revocation. All hearings shall be promptly scheduled before the Selectmen by the Town Clerk and written notice thereof mailed to the permittee at least five (5) business days in advance thereof. The effectiveness of any order of revocation shall be stayed pending the decision of the Selectmen on appeal, except where the Town Administrator certi- fies in writing that a delay in revoking the permit will present a clear and immediate danger to public health, safety, welfare or property. All decisions on appeal shall be reduced to writing and a copy thereof pro- vided to the permittee. (2) Upon the revocation of a permit, the Town may require the permittee to restore any land, facility or site to such condition as deemed necessary to prevent pollution or injury to the watershed or any water source, supply or waterwork. Upon the failure of the permittee to timely perform such restoration, the Town may, at its option, perform or have performed the restoration and assess the costs thereof against the permittee, inclusive of the imposition of a lien against the permittee's property on which such restoration work took place. (Ord. 517 § 1, 2000; Ord. 2 § 1, 2003)