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with an irrevocable letter of credit from an approved financial institution or surety to ensme proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain storm water management and erosion and sediment control facilities, the Village of East Aurora may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. (3) Recordkeeping. The Village of East Aurora may require entities subject to this article to maintain records demonstrating compliance with this article. C. Enforcement and penalties. (1) Notice of violation. When the SMO determines that a land development activity is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the landowner. The notice of violation shall contain: (a) The name and address of the landowner, developer or applicant; (b) The address, when available, or a description of the building, structure or land upon which the violation is occurring; (c) A statement specifying the nature of the violation; (d) A description of the remedial measures necessaiy to bring the land development activity into compliance with this article and a time schedule for the completion of such remedial action; (e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and (f) A statement that the determination of violation may be appealed to the Village by filing a written notice of appeal within 15 days of service of the notice of violation. (2) Stop-work orders. The SMO may issue a stop-work order for violations of this ai1icle. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the SMO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ai1icle. (3) Violations. Any land development activity that is commenced or is conducted contrnry to this article may be restrained by injunction or otherwise abated in a manner provided by law. (4) Pena lties. In addition to or as an a lternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be subject to penalties as set forth in § 286-65 of this chapter. (5) Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the SMO may prevent the occupancy of said building or land. (6) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not unde11aken within a reasonable time after notice, the Village of East Aurora may take necessary corrective action, the cost of which shall become a lien upon the property until paid. D. Fees for services. The Village of East Aurora may require any person unde11aking land development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of East Aurora or performed by a third party for the Village of East Aurora. The fee shall be set by the Village Board by resolution. Section 4. 12 47