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1. Compliance inspections shall be conducted by the Storm Water Coordinator, or other representative of the City, hereinafter referred to as the "enforcement officer." Inspections by the enforcement officer may be scheduled or unannounced.
2. Permittee shall notify the City at each phase of construction when all measures required by the applicant's SWPPP and/or COSESCO permit have been accomplished on site. Phases include but are not limited to grading, underground utilities, installation and maintenance of erosion and sediment controls, paving and/or fine grading, building construction and final stabilization.
3. The City shall conduct regular inspections for the purpose of determining compliance with this chapter, and shall within a reasonable time thereafter report to the permittee either that compliance appears to have been achieved, or that compliance has not been achieved. At the time of reporting to the permittee, any conditions of noncompliance shall be identified. The permittee shall immediately commence corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this chapter.
4. Construction shall not occur on site from the time the City identifies conditions of noncompliance until resolution of such conditions.
5. Construction activities undertaken by a permittee prior to resolution of conditions of noncompliance shall constitute a violation of this chapter.
6. The City shall not be responsible for the direct or indirect consequences to the permittee or to third parties for noncompliant conditions undetected by inspection.
7. Permittee shall notify the City in writing when the site is permanently stabilized.
8. The City shall not be responsible for the direct or indirect consequences to the applicant, permittee, or to third parties for noncompliant conditions.
1. Upon issuance of a COSESCO permit, a permittee has an absolute duty to monitor site conditions and to report to the enforcement officer any storm water discharge that is a violation of the water quality standards, or in a manner inconsistent with the permittee's SWPPP, General Permit No. 2 and/or COSESCO permit.
A. Such report shall be made by the permittee to the enforcement officer immediately but in any event within one (1) business day of the discharge.
B. Failure to make a timely report shall constitute a violation of this chapter.
2. Any third party may also report to the City site conditions which the third party reasonably believes pose a risk of storm water discharge in a manner inconsistent with the applicant's SWPPP, General Permit No. 2 and/or COSESCO permit.
3. Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the permittee with a notice identifying the conditions of noncompliance. The permittee shall immediately commence corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in Section 169.05 below.
4. The City shall not be responsible for the direct or indirect consequences to the permittee or to third parties for noncompliant conditions.
1. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorney fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
2. Violation of any provision of this chapter may also be enforced as a municipal infraction within the meaning of § 364.22, pursuant to Chapter 4 of this Code of Ordinances.
3. Enforcement pursuant to this section shall be undertaken by the enforcement officer upon the advice and consent of the City Attorney.
4. If the enforcement officer finds any work regulated by this chapter being performed in a manner either contrary to the provisions of this chapter or dangerous or unsafe, the enforcement officer is authorized to issue a stop work order. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, all work on site shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as stated in this chapter.
(Chapter 169 - Ord. 2011 - Jun. 20 Supp.)