8-5-9: ENFORCEMENT:
   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.
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 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.   Revoke any City permit for the site in violation.
      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.
   B.   Stop Work Order: Whenever the City finds any noncompliance with the provisions of the approved construction stabilization plan, SWPPP, and/or this section 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; and
         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)