[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:
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.
