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City of Frontenac, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2010-1621 §1, 4-20-2010]
A. 
General. The City shall make inspections as herein required and shall either approve that portion of the work completed or shall notify the permit holder wherein the work fails to comply with the land disturbance permit and erosion and sediment control plan as approved. Plans for land disturbance, stripping, excavating, and filling work bearing the stamp of approval of the department issuing the permit shall be maintained at the site during the progress of the work. To obtain inspections, a permit holder shall notify the City at least two (2) working days before the following:
1. 
Start of construction;
2. 
Installation of sediment and erosion measures;
3. 
Completion of site clearing;
4. 
Completion of rough grading;
5. 
Completion of final grading;
6. 
Completion of the construction; and
7. 
Completion of final landscaping.
B. 
Extra Inspections. In addition to the inspections otherwise required, the City is authorized to perform and charge fees for extra inspections or re-inspections which in his judgment are reasonably necessary due to non-compliance with the requirements of this Code, or work not ready or accessible for inspection when requested.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. 
The holder of a major land disturbance permit or his/her agent shall cause regular inspections of land disturbance sites, including all erosion and sediment and other pollutant control measures, outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved stormwater pollution prevention plan (SWPPP). Inspections must be scheduled at least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of Best Management Practices (BMP) and to determine the overall effectiveness of the stormwater pollution prevention plan (SWPPP) and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the City at the time interval specified in the permit. Permit holder inspection reports must include the following minimum information:
1. 
Inspector's name and signature;
2. 
Date of inspection;
3. 
Observations relative to the effectiveness of the Best Management Practices (BMPs);
4. 
Actions taken or necessary to correct deficiencies; and
5. 
A listing of areas where land disturbance operations have permanently or temporarily stopped.
B. 
The permit holder shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection report.
[Ord. No. 2010-1621 §1, 4-20-2010]
The City may make extra inspections as deemed necessary to ensure the validity of the reports filed under this Code or to otherwise ensure proper installation, operation and maintenance of stormwater Best Management Practices (BMP) and to determine the overall effectiveness of the stormwater pollution prevention plan (SWPPP) and the need for additional control measures.
[Ord. No. 2010-1621 §1, 4-20-2010]
Any action or inaction which violates the provisions of this Article, the requirements of an approved stormwater management design plan or permit, and/or the requirements of a recorded stormwater maintenance agreement may be subject to the enforcement actions outlined in this Section. Any such action or inaction, which is continuous with respect to time, may be deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. 
If the City determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management design plan, a recorded stormwater management maintenance agreement, or the provisions of this Article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Article without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
B. 
The notice of violation shall contain:
1. 
The name and address of the owner or the applicant or the responsible person;
2. 
The address or other description of the site upon which the violation is occurring;
3. 
A statement specifying the nature of the violation;
4. 
A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management design plan, the stormwater maintenance agreement, or this Article and the date for the completion of such remedial action;
5. 
A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
6. 
A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within thirty (30) days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient).
[Ord. No. 2010-1621 §1, 4-20-2010]
A. 
In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.
1. 
Stop work order. The City may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.
2. 
Withhold certificate of occupancy. The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
3. 
Suspension, revocation or modification of permit. The City may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the City may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
4. 
Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation, the City may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. A schedule of civil penalties is outlined in the table below.
Violation
Penalty
Failure to submit and receive approval of a stormwater management design plan prior to construction
$1,000.00
Failure to submit and receive approval of a stormwater maintenance agreement and plan prior to construction
$500.00
Failure to install stormwater BMP(s) as indicated on the approved stormwater management design plan
$750.00
Failure to notify stormwater authority before commencement of construction
$500.00
Failure to maintain stormwater BMP within thirty (30) days of notification
$750.00
B. 
Criminal Penalties. For intentional and flagrant violations of this Article, the City may issue a citation to the applicant or other responsible person, requiring such person to appear in court to answer charges for such violation. Upon conviction, a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
[Ord. No. 2010-1621 §1, 4-20-2010]
The decisions or orders of the City shall be final. Further relief shall be to a court of competent jurisdiction.