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(a) The SWP3 and Abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City before the review process begins. The schedule of fees shall be posted at the applicable City offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. See Section 210.01(f) for all fees and deposits pertaining to plan review, including engineering fees incurred during plan review. All required fees and deposits shall be met upon final review and approval of all building plans and SWPPPs, and prior to the commencing of earth-disturbing activities.
(b) Stabilization Deposit.
(1) A stabilization deposit set forth in subsection (a) hereof will be due at the following time:
A. Residential home construction. Upon the initial building permit.
B. Residential subdivisions or commercial/industrial sites. Final plat acceptance.
(2) The stabilization deposit is to ensure that final stabilization occurs on all residential, commercial, or industrial sites. If final stabilization does not occur, the City has the right to use this deposit to perform the needed work.
(3) If a SWPPP is required by this chapter, soil-disturbing activities shall not be permitted until all stabilization and inspection deposits have been deposited with the Planning Office. These fees/deposits shall be posted for the City to perform the obligations otherwise to be performed by the owner of the development area as stated in this chapter and to allow all work to be performed as needed in the event that the owner fails to comply with the provisions of this chapter. Stabilization deposits will be returned when the following three criteria are met:
A. After eighty percent of the lots of the project have been complete or 100 percent of the total project has been permanently stabilized or three years from the time of permanent stabilization have passed.
B. As applicable, an as-built inspection of all stormwater management practices is conducted by the owner and reviewed and approved by the City Engineer per Section 1050.12(b).
C. As applicable, an inspection and maintenance agreement is accepted by the City Engineer per Section 1050.08(d)(10).
(4) Once these criteria are met, the owner shall be reimbursed all stabilization deposits that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/homeowners association for the purpose of long-term maintenance of the project.
(5) For residential construction, the stabilization deposit will be refunded at the time of final certificate of occupancy.
(c) Inspection Fee.
(1) An inspection fee set forth in subsection (a) hereof will be due at the following time:
A. Residential home construction. Upon the initial building permit.
B. Residential subdivisions or commercial/industrial sites. Final plat acceptance.
(2) The inspection fee listed here is to cover the costs for all stormwater/erosion control inspection occurring throughout the construction of the property.
(Ord. 134-16. Passed 12-27-16.)
(a) All development sites are subject to inspections by the City’s authorized agent(s) under the direction of the City Engineer to ensure compliance with the approved site development plan or SWP3.
(b) The written status report prepared by the City and approved by the City Engineer shall be distributed to the permittee, the contractor if applicable, and the professional engineer of record.
(c) If it is found that the operations are being conducted in violation of this chapter and is considered a major violation (per the City Engineer), a stop-work order may be issued by the City until the identified violations cease. See Section 1052.991, below.
(d) Following the issuance of a stop work order, the City shall determine if and when the development may proceed. Any determination by the City pursuant to this section is a final order for purposes of judicial review.
(e) Any other violations shall be handled in the following manner:
(1) A letter from the office of the City Engineer to the violator.
(2) A secondary inspection performed of the site.
(3) If compliance has not been achieved, a second letter from the Law Director shall be submitted to the violator.
(4) A tertiary inspection will be performed of the site.
(5) If compliance has not been completed, then a summons and complaint will be issued to the violator.
(Ord. 134-16. Passed 12-27-16.)
No person shall violate, or knowingly cause or permit to be violated, any of the provisions of this chapter or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this chapter. No person shall knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter. The timeline for corrective actions that do not present an immediate threat to the public health, safety or welfare shall be as follows:
Table 5: Timeline for Corrective Actions | |
Nature of Violation | Number of Days from Inspection To Correct Functioning of Control Practice |
Table 5: Timeline for Corrective Actions | |
Nature of Violation | Number of Days from Inspection To Correct Functioning of Control Practice |
Silt fence | Within 3 days |
Outlet control structure | Within 3 days |
Temporary or permanent stabilization within 50 feet of drainage channels. | Within 3 days |
Temporary or permanent stabilization for all other disturbed areas | Within 3 days |
Stabilized construction entrance | Within 3 days |
Pumping sediment-laden discharge into drainage channel | Immediately upon notice |
Sediment settling pond | Within 10 days |
Illicit discharge | Immediately upon notice |
Any other control practice not addressed in this table | Within 3 days |
(Ord. 134-16. Passed 12-27-16.)
(a) Any person, firm, entity, or corporation who violates or fails to comply with any provision of Sections 1052.05 or 1052.06 is guilty of a misdemeanor of the second degree and shall be subject to a maximum fine of seven hundred fifty dollars ($750.00) and imprisonment for up to ninety days or both per violation. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The violator shall also pay for the cost of all repairs needed for the stormwater conveyance system to function at expected capacity.
(b) Any person, firm, entity or corporation, including but not limited to the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of Section 1052.07, 1052.09, and 1052.10 is guilty of a misdemeanor of the fourth degree and shall be subject to a maximum fine of two hundred fifty dollars ($250.00) and imprisonment for up to thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter for which no specific penalty is listed, is guilty of a minor misdemeanor and shall be subject to a maximum fine of one hundred fifty dollars ($150.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(d) The City may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(e) The penalties and/or remedies listed in this chapter are not exclusive of any other penalties and/or remedies available under any applicable Federal or State laws, and it is within the discretion of the City to seek cumulative penalties and/or remedies.
(f) If a company or individual continually violates sections of this chapter (minimum of three separate occasions), in addition to all other penalties provided herein, the City has the right to revoke the contractor registration for an indefinite amount of time. At a time, no later than two years following the revoking of the contractor registration, may the company or individual appeal to the City for the renewal of the contractor registration. The City Engineer must approve of the renewal if it is revoked through this chapter.
(g) In addition to the enforcement processes and penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter are considered a threat to public health, safety, and welfare, and are declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, in a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
(Ord. 134-16. Passed 12-27-16.)
(a) It shall be unlawful for any person to violate any provision, or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Stormwater Manager, through the Law Department, may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations, or compelling the person to perform abatement or remediation of the violation.
(b) Issuance of Stop-Work Order. Upon notice from the City and/or its authorized agent that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City and/or its authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(c) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
(1) If the earth-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision chapters of the City shall apply.
(2) The City Engineer and/or his or her authorized agent, on behalf of the City, may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The City Engineer and/or his or her authorized agent, on behalf of the City, may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Section 1052.99 or any other relief the court determines.
(4) After the issuance of a stop work order provided for below, but before the imposition of any fines, the owner shall have the opportunity to request a meeting with the Law Director and the City Engineer to show because why work should not be stopped.
(5) Following the issuance of a stop-work order, the City shall determine if and when the development may proceed. Any determination by the City pursuant to this section is a final order for purpose of judicial review.
(d) The imposition of any other penalties provided herein shall not preclude the City instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or chapters, or the orders of the City.
(Ord. 134-16. Passed 12-27-16.)