[Ord. No. 03-2015 §1, 1-20-2015]
A. The purpose of this Article is to provide for the health, safety,
and general welfare of the citizens of Neosho through the regulation
of non-stormwater discharges to the storm drainage system to the maximum
extent practicable as required by Federal and State law. This ordinance
establishes methods for controlling the introduction of pollutants
into the municipal separate storm sewer system (MS4) in order to comply
with requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process. The objectives of this Article are:
1.
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
2.
To prohibit illicit connections and discharges to the MS4.
3.
To establish legal authority to carry out all inspection, monitoring,
and enforcement procedures necessary to ensure compliance with this
Article.
[Ord. No. 03-2015 §1, 1-20-2015]
A. For the purposes of this Article, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one (1) acre
or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any substance disposed, deposited, spilled, poured, injected,
seeped, leached, pumped, dumped, leaked, or placed by any means such
that it can reasonably be expected to enter, intentionally or unintentionally,
into waters of the State or City, or on any area draining directly
or indirectly into the MS4 of the City.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
1.
Any drain or conveyance, whether on the surface or subsurface
that allows an illegal discharge to enter the storm drain system including
but not limited to any conveyances that allow any non-stormwater discharge
including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted, or approved by an authorized
enforcement agency or,
2.
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Storm Water Permits
as defined in 40 CFR, Section 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the City of Neosho and designed or used for collecting or conveying
stormwater, and that is not used for collecting or conveying sewage.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORM WATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORM WATER MANAGEMENT PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 03-2015 §1, 1-20-2015]
This ordinance shall apply to all substances entering the storm
drain system generated on any developed and undeveloped lands unless
explicitly exempted by the Department of Public Works and/or designee.
[Ord. No. 03-2015 §1, 1-20-2015]
The Building Inspector and/or his designee shall administer,
implement, and enforce the provisions of this Article.
[Ord. No. 03-2015 §1, 1-20-2015]
This ordinance is not intended to modify or repeal any other
ordinance, rule, regulation, or other provision of law. The requirements
of this Article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this Article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
[Ord. No. 03-2015 §1, 1-20-2015]
The provisions of this Article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Article.
[Ord. No. 03-2015 §1, 1-20-2015]
The standards set forth herein and promulgated pursuant to this
Article are minimum standards; therefore this Article does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
[Ord. No. 03-2015 §1, 1-20-2015]
A. Prohibition of Illegal Discharges. No person shall
throw, drain, or otherwise discharge, cause, or allow others under
its control to throw, drain, or otherwise discharge into the MS4 any
pollutants or waters containing any pollutants, including floatable
materials or substances, other than stormwater. The commencement,
conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
1.
The following discharges are exempt from discharge prohibitions
established by this Article: water line flushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground
water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, individual residential car washing, flows from riparian
habitats and wetlands and street wash water.
2.
Discharges or flow from firefighting, and other discharges specified
in writing by the Department of Public Works and/or designee as being
necessary to protect public health and safety.
3.
Discharges associated with dye testing, however this activity
requires a verbal notification to the Department of Public Works and/or
designee prior to the time of the test.
4.
The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system.
B. Prohibition of Illicit Connections.
1.
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
2.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
3.
A person is considered to be in violation of this Article if
the person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
4.
Improper connections in violation of this Article must be disconnected
and redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the Department
of Public Works and/or designee.
5.
Any drain or conveyance that has not been documented in plans,
maps or equivalent, and which may be connected to the storm sewer
system, shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the Department of
Public Works and/or designee requiring that such locating be completed.
Such notice will specify a reasonable time period within which the
location of the drain or conveyance is to be determined, that the
drain or conveyance be identified as storm sewer, sanitary sewer or
other, and that the outfall location or point of connection to the
storm sewer system, sanitary sewer system or other discharge point
be identified. Results of these investigations are to be documented
and provided to the Department of Public Works and/or designee.
[Ord. No. 03-2015 §1, 1-20-2015]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
[Ord. No. 03-2015 §1, 1-20-2015]
An undisturbed natural vegetative buffer shall be maintained
for twenty-five (25) feet, measured horizontally, on both banks (as
applicable) of Hickory Creek and Buffalo Creek as measured from the
top of the stream bank. Within this buffer zone all impervious cover
shall be prohibited. Grading, filling and earthmoving shall be minimized
within the buffer zone.
[Ord. No. 03-2015 §1, 1-20-2015]
A. Right of Entry: Inspection and Sampling. The Department
of Public Works and/or designee shall be permitted to enter and inspect
facilities subject to regulation under this Article as often as may
be necessary to determine compliance with this Article.
1.
If a discharger has security measures in force which require
proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access
to representatives of the Department of Public Works and/or designee.
2.
Facility operators shall allow the Department of Public Works
and/or designee ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records
that must be kept under the conditions of an NPDES permit to discharge
stormwater, and the performance of any additional duties as defined
by State and Federal law.
3.
The Department of Public Works and/or designee shall have the
right to set up on any permitted facility such devices as are necessary
in the opinion of the Department of Public Works and/or designee to
conduct monitoring and/or sampling of the facility's stormwater
discharge.
4.
The Department of Public Works and/or designee has the right
to require the discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
5.
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Department of
Public Works and/or designee and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
6.
Unreasonable delays in allowing the Department of Public Works
and/or designee access to a permitted facility is a violation of a
stormwater discharge permit and of this Article. A person who is the
operator of a facility with an NPDES permit to discharge stormwater
associated with industrial activity commits an offense if the person
denies the Department of Public Works and/or designee reasonable access
to the permitted facility for the purpose of conducting any activity
authorized or required by this Article.
B. Search Warrants. If the Department of Public Works and/or designee has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Department of Public Works and/or designee may seek issuance of an administrative search warrant as described in Section
135.100 Administrative Search Warrants.
[Ord. No. 03-2015 §1, 1-20-2015]
The Department of Public Works and/or designee will adopt requirements
identifying best management practices for any activity, operation,
or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drain system, or waters of the United States.
The owner or operator of such activity, operation, or facility shall
provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal
storm drain system or watercourses through the use of these structural
and non-structural BMPs. Further, any person responsible for a property
or premise that is, or may be, the source of an illicit discharge,
may be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge
of pollutants to the MS4. Compliance with all terms and conditions
of a valid NPDES permit authorizing the discharge of stormwater associated
with industrial activity, to the extent practicable, shall be deemed
compliance with the provisions of this Section. These BMPs shall be
part of a stormwater management plan (SWMP) as necessary for compliance
with requirements of the NPDES permit.
[Ord. No. 03-2015 §1, 1-20-2015]
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of non-hazardous materials, said person shall notify
the Department of Public Works and/or designee in person or by phone
or facsimile no later than the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed
and mailed to the Department of Public Works and/or designee within
five (5) business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least five (5) years.
Failure to provide notification of a release as provided above is
a violation of this Article.
[Ord. No. 03-2015 §1, 1-20-2015]
A. Violations. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this Article. Any person who has violated or continues to violate
the provisions of this Article, may be subject to the enforcement
actions outlined in this Section or may be restrained by injunction
or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to
public health or public safety, the Department of Public Works and/or
designee is authorized to enter upon the subject private property,
without giving prior notice, to take any and all measures necessary
to abate the violation and/or restore the property.
B. Warning Notice. When the Department of Public Works
and/or designee finds that any person has violated, or continues to
violate, any provision of this Article, or any order issued hereunder,
the Department of Public Works and/or designee may serve upon that
person a written warning notice, specifying the particular violation
believed to have occurred and requesting the discharger to immediately
investigate the matter and to seek a resolution whereby any offending
discharge will cease. Investigation and/or resolution of the matter
in response to the warning notice in no way relieves the alleged violator
of liability for any violations occurring before or after receipt
of the warning notice. Nothing in this Subsection shall limit the
authority of the Department of Public Works and/or designee to take
any action, including emergency action or any other enforcement action.
C. Notice of Violation. Whenever the Department of
Public Works and/or designee finds that a person has violated a prohibition
or failed to meet a requirement of this Article, the Department of
Public Works and/or designee may order compliance by written notice
of violation to the responsible person. The notice of violation shall
contain:
1.
The name and address of the alleged violator;
2.
The address when available or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
3.
A statement specifying the nature of the violation;
4.
A description of the remedial measures necessary to restore
compliance with this Article and a time schedule for the completion
of such remedial action;
5.
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
6.
A statement that the determination of violation may be appealed
to the Board of Adjustments by filing a written notice of appeal within
ten (15) days of service of notice of violation;
7.
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
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Such notice may require without limitation:
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1.
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The performance of monitoring, analyses, and reporting;
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2.
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The elimination of illicit connections or discharges;
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3.
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That violating discharges, practices, or operations shall cease
and desist;
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4.
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The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
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5.
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Payment of a fine to cover administrative and remediation costs;
and
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6.
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The implementation of source control or treatment BMPs.
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D. Compensatory Action. In lieu of enforcement proceedings,
penalties, and remedies authorized by this Article, the Department
of Public Works and/or designee may impose upon violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
E. Suspension Of MS4 Access.
1.
Emergency Cease and Desist Orders. When the
Department of Public Works and/or designee finds that any person has
violated, or continues to violate, any provision of this Article,
or any order issued hereunder, or that the person's past violations
are likely to recur, and that the person's violation(s) has (have)
caused or contributed to an actual or threatened discharge to the
MS4 or waters of the United States which reasonably appears to present
an imminent or substantial endangerment to the health or welfare of
persons or to the environment, the Department of Public Works and/or
designee may issue an order to the violator directing it immediately
to cease and desist all such violations and directing the violator
to:
a.
Immediately comply with all ordinance requirements; and
b.
Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge.
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Any person notified of an emergency order directed to it under
this Subsection shall immediately comply and stop or eliminate its
endangering discharge. In the event of a discharger's failure
to immediately comply voluntarily with the emergency order, the Department
of Public Works and/or designee may take such steps as deemed necessary
to prevent or minimize harm to the MS4 or waters of the United States,
and/or endangerment to persons or to the environment, including immediate
termination of a facility's water supply, sewer connection, or
other municipal utility services. The Department of Public Works and/or
designee may allow the person to recommence its discharge when it
has demonstrated to the satisfaction of the Department of Public Works
and/or designee that the period of endangerment has passed, unless
further termination proceedings are initiated against the discharger
under this Article. A person that is responsible, in whole or in part,
for any discharge presenting imminent endangerment shall submit a
detailed written statement, describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence, to the Department
of Public Works and/or designee within three (3) days of receipt of
the emergency order. Issuance of an emergency cease and desist order
shall not be a bar against, or a prerequisite for, taking any other
action against the violator.
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F. Suspension due to Illicit Discharges in Emergency Situations. The Department of Public Works and/or designee may, without prior
notice, suspend MS4 discharge access to a person when such suspension
is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension
order issued in an emergency, the Department of Public Works and/or
designee may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or waters of the United States, or to minimize danger
to persons.
G. Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this Article may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge. The Department of Public Works and/or
designee will notify a violator of the proposed termination of its
MS4 access. The violator may petition the Board of Adjustments for
a reconsideration and hearing. A person commits an offense if the
person reinstates MS4 access to premises terminated pursuant to this
Section, without the prior approval of the Department of Public Works
and/or designee.
H. Criminal Prosecution. Any person that has violated
or continues to violate this Article shall be liable to criminal prosecution
to the fullest extent of the law, and shall be subject to a criminal
penalty of five hundred dollars ($500.00) per violation per day and/or
imprisonment for a period of time not to exceed ninety (90) days.
Each act of violation and each day upon which any violation shall
occur shall constitute a separate offense.
[Ord. No. 03-2015 §1, 1-20-2015]
Any person receiving a notice of violation may appeal the determination of the Department of Public Works and/or designee according to the procedures set forth in Section
405.270 of the City Code.
[Ord. No. 03-2015 §1, 1-20-2015]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within thirty (30) days of the decision of the municipal authority
upholding the decision of the Department of Public Works and/or designee,
then representatives of the Department of Public Works and/or designee
shall enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
government agency or designated contractor to enter upon the premises
for the purposes set forth above.
[Ord. No. 03-2015 §1, 1-20-2015]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within fifteen (15) days.
If the amount due is not paid within a timely manner as determined
by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
Any person violating any of the provisions of this article shall
become liable to the City of Neosho by reason of such violation. The
liability shall be paid in not more than twelve (12) equal payments.
Interest at the rate of five (5) percent per annum shall be assessed
on the balance beginning on the first day following abatement of the
violation.
[Ord. No. 03-2015 §1, 1-20-2015]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
[Ord. No. 03-2015 §1, 1-20-2015]
The remedies listed in this Article are not exclusive of any
other remedies available under any applicable Federal, State or local
law and it is within the discretion of the Department of Public Works
and/or designee to seek cumulative remedies. The Department of Public
Works and/or designee may recover all attorneys' fees court costs
and other expenses associated with enforcement of this Article, including
sampling and monitoring expenses.
[Ord. No. 95-12 Art. VI, 3-7-1995]
A. The City Building Inspector shall be responsible for determining whether the Stormwater Management Plan is in conformance with requirements specified in Article
IV of this Chapter, and whether development is proceeding in accordance with the approved drainage permit. Periodic inspection of the development site shall be made by the City Building Inspector. Through such periodic inspections the City Building Inspector shall ensure that the Stormwater Management Plan is properly implemented and that the improvements are maintained.
B. Remedial Work. If it is determined through inspection that
development is not proceeding in accordance with the approved Stormwater
Management Plan and drainage permit, the City Building Inspector shall
immediately issue written notice to the permittee and the surety of
the nature and location of the alleged non-compliance, accompanied
by documentary evidence demonstrating non-compliance and specifying
what remedial work is necessary to bring the project into compliance.
The permittee so notified shall immediately, unless weather conditions
or other factors beyond the control of the permittee prevent immediate
remedial action and shall complete the remedial work within seventy-two
(72) hours or within a reasonable time after receipt of said notice.
Upon satisfactory completion of the remedial work the City Building
Inspector shall issue a notice of compliance and the development may
proceed.
C. Revocation of Permits — Stop Work Orders. The City Building Inspector, after giving three (3) days written notice, may revoke a permit issued pursuant to these regulations for any project which is found upon inspection to be in violation of the provisions of these regulations, and for which the permittee has not agreed to undertake remedial work as provided in Subsection
(B) hereof. Drainage permits may also be revoked if remedial work is not completed within the time allowed. Upon revocation of a drainage permit the City Building Inspector shall issue a stop work order. Such stop work order shall be directed to the permittee and he/she shall immediately notify persons owning the land, the developer, and those persons or firms actually performing the physical work of clearing, grading and developing the land. The stop work order shall direct the parties involved to cease and desist all or any portion of the work on the development or a portion thereof which is not in compliance, except such remedial work necessary to bring the project into compliance.