A. Violations: If an owner is in violation of the terms and conditions of an approved plan, SWPPP, and/or this chapter, all City approvals relating to the site shall be either withheld or suspended until the owner or contractor is again compliant. All directives, notices, and orders may be served by the City Engineer, the building official, and/or their designated staff person. Upon the issuance of directive, notice, or order, the owner or contractor shall immediately:
1. Develop a cleanup and restoration plan,
2. Obtain any necessary right-of-entry from any adjoining property owner,
3. Implement the cleanup and restoration plan within forty-eight (48) hours of any one directive, notice, order, or of obtaining the adjoining property owner's permission.
B. Notification Of Failure Of The Permit: The City shall notify the permit holder of the failure of the permit's measures.
1. Initial Contact: The initial contact will be to the party or parties listed on the application and/or the SWPPP as contacts. Except during an emergency action, forty-eight (48) hours after notification by the City or seventy-two (72) hours after the failure of erosion and sediment control measures, whichever is less, the community at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties, the City has been unable to establish contact, the City may proceed with corrective work. There are conditions when time is of the essence in controlling erosion. During such a condition the City may take immediate action, and then notify the applicant as soon as possible.
2. Erosion Off-Site: If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within forty-eight (48) hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the City of Baxter, may more than seven (7) calendar days go by without corrective action being taken. If in the discretion of the City, the permit holder does not repair the damage caused by the erosion, the City may do the remedial work required. When restoration to wetlands and other resources are required, the applicant should be required to work with the appropriate agency to ensure that the work is done properly.
3. Erosion Into Streets, Wetlands Or Water Bodies: If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
C. Failure To Do Corrective Work: In no case, unless written approval is received from the City, shall more than seven (7) calendar days go by without corrective action being taken. If in the discretion of the City, the applicant does not repair the damage caused by the erosion, the City may do the remedial work required and charge or assess the cost to the applicant. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly. If eroded soils (including tracked soils from construction activities) enter streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
When an applicant fails to conform to any provision of this chapter within the time stipulated, the City Engineer may issue the following orders:
1. Issue a violation notice.
2. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy.
3. Permit Revocation: Revoke any permit issued by the City to the applicant for the site in question or any other of the applicant's sites within the City's jurisdiction.
4. Direct the correction of the violation by City forces or by a separate contract. All costs incurred by the City in correcting violations must be reimbursed by the applicant.
a. If payment is not made within thirty (30) days after costs are incurred by the City, payment will be made from any financial securities placed within the City pursuant to this chapter. The owner shall waive all rights by virtue of Minnesota Statutes 429.081 to challenge the amount of validity of assessment.
b. If there is an insufficient financial amount in the applicant's security to cover the costs incurred by the City, the City may assess the remaining amount against the property in accordance with Minnesota Statutes 429.061.
D. Stop Work Order: Issue a stop work order, withhold the scheduling of inspections, and/or the issuance of a Certificate of Occupancy. Whenever the City finds any noncompliance with the provisions of the approved Stormwater Management Plan, SWPPP, and/or this ordinance or any City ordinance, the City shall attempt to communicate with the owner or person performing the work to obtain immediate and voluntary compliance if such person is readily available. If the owner or person performing the work is not readily available, that person refuses to voluntarily comply immediately, or the noncompliance presents an imminent damage, or will cause or threatens to cause bodily injury or damage to off-site property, including, but not limited to off-site run-off, the
City shall post in a conspicuous place on the premises a stop work order which shall cause all activity not necessary to correct the noncompliance to cease until compliance is corrected.
1. Contents: The stop work order shall contain the following information:
a. Date of issuance.
b. Sufficient information to identify the property.
c. Violation(s).
2. Unauthorized Removal Of Posted Notice: Any unauthorized removal of a posted stop work order shall be punishable as a misdemeanor.
3. Additional Notice: In addition to posting a stop work order, the City shall provide notification to the applicant by personal service, written notice by certified mail, or facsimile transmission. (Ord. 2017-012, 11-21-2017; amd. Ord. 2023-007, 4-18-2023)