Enforcement

The City of Pawtucket shall have the authority and discretion to penalties and/or impose a lien, whenever a stormwater management facility is not implemented, operated, and/or maintained in accordance with its approval and this article. Any penalty invoked shall be in accordance with this article.

• A. Notification of violation. In the event that the stormwater management facility becomes a danger to public safety or public health, or in need of maintenance or has not been maintained in accordance with the maintenance agreement, the City of Pawtucket shall so notify the responsible person in writing by certified mail. Upon receipt of that notice, the responsible person shall have five calendar days to temporarily correct the violations and 30 calendar days to complete maintenance and permanently repair the facility in a manner that is approved by the municipality. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately summon the applicant/owner to appear before the Municipal Court.
• B. Enforcement of penalties and liens. Should the applicant/owner fail to take the corrective actions, the City of Pawtucket shall then have the right to summon the applicant/owner to appear before the Municipal Court. The Municipal Court may issue an order authorizing the City to take the available appropriate remedies it deems necessary to correct the violations and may also order a fine of $100 per day that the violation goes unrepaired. The Municipal Court may also authorize the City to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded in the land evidence records of the City of Pawtucket, and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this article, including assessment of a lien on the property.
• C. Administrative hearing. Any owner or responsible party receiving a written notice of violation shall be given an opportunity for a hearing before the City of Pawtucket Board of Appeals to state his/her case. Application for said appeal shall be received by the Board of Appeals prior to the date of compliance stipulated by the written notice of violation. In exercising its powers in ruling, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken.