(A) Compliance required. The applicant shall implement and comply with the Natural Resources Management Plan (NRMP) prior to and during any construction or land-disturbing activity under the permit to which this chapter applies. All erosion and sedimentation control and tree preservation measures required under the plan shall be installed and remain in place until all grading and construction activity is completed and all areas are permanently stabilized or until a written request for removal of the protection measures is made to and approved by the city in writing. No construction or land-disturbing activity to which this chapter applies or removal of any significant trees may occur until the NRMP is approved by the city and except in accordance with the approved NRMP. Failure to comply with the approved terms and conditions of an NRMP shall constitute a violation of this code and a public nuisance.
(B) Determination of compliance. The city or its designated representative shall have the right to enter and inspect the subject property in order to determine compliance with the approved NRMP. The city shall have the right to order the suspension of any grading or construction activity on the subject property until compliance with the NRMP has occurred.
(C) Finding of noncompliance. Upon a finding of noncompliance, the city shall use the following procedure with respect to notification and corrective measures:
(1) The city shall serve upon the property owner and the NRMP holder, if different than the property owner, by hand delivery or U.S. mail, a written notification of the violation(s) of the approved NRMP and the corrective action required. The city may serve the notification upon the project manager for the NRMP holder which shall constitute service of the notification upon the NRMP holder; and
(2) If remedial work is not completed and compliance with the Plan has not occurred within 48 hours of service of the violation notification, the city may complete remedial or corrective work and any costs incurred in connection with taking remedial action or installing corrective measures may be recovered from the NRMP holder’s performance security or may be assessed against the property pursuant to M.S. Ch. 429. In the alternative, the city may revoke any construction related permit and order the termination of all construction activity on the subject property until the subject site is in compliance with the NRMP.
(Ord. 633, passed 10-9-97; Am. Ord. 864, passed 6-11-09)