1005.11 BOND.

   (a)   If a SWP3 is required by this regulation, soil disturbing activities shall not be permitted until a cash bond or deposit has been deposited by the Owner or the Owner's Representative with the City Finance Department, with a notice to the Engineer. The amount shall be a minimum of One Thousand Five Hundred Dollars ($1,500.00), and an additional One Thousand Five Hundred Dollars ($1,500.00) shall be paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the City. The bond will be used for the City to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less City administrative fees as detailed in Chapters 1001, 1003, 1005 and 1007 of the City of Beachwood Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the Engineer.

   (b)   No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the Engineer.

(Ord.  2020-58.  Passed 4-20-20.)

1005.12 ENFORCEMENT.

   (a)    If the City or its duly authorized representative determines that a violation of the regulations adopted under this Chapter exist, the City or its representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.

   (b)    All development areas may be subject to internal inspections by the Engineer to ensure compliance with the approved SWP3 or Abbreviated SWP3.

   (c)    After each internal inspection, the Engineer shall prepare and distribute a status report to the applicant.

   (d)    If an internal inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3, the Engineer may take action as detailed in this Chapter.   

   (e)    Failure to maintain and repair erosion and sediment controls, per the approved SWP3 or Abbreviated SWP3, may result in the following enforcement action and as may be escalated, with each day counted as a separate violation:

      (1)   First Violation: The Engineer shall issue a Notice of Deficiency to the Owner or Operator. All controls are to be repaired or maintained per the SWP3 or Abbreviated SWP3 within three (3) days of the receipt of the Notice of Deficiency. If controls have not been corrected after this time, the Engineer may issue a Stop Work Order for all activities until corrections have been made.

      (2)   Second Violation: The Engineer shall issue a formal Notice of Violation which includes a Two Hundred and Fifty Dollar ($250.00) administrative fee against the SWP3 or Abbreviated SWP3 Bond or Site Development Plan deposit. All controls are to be repaired or maintained per the approved SWP3 or Abbreviated SWP3 within three (3) days of the Notice of Violation. If controls have not been corrected after this time, the Engineer may issue a Stop Work Order for all activities until corrections have been made.

      (3)   Third and subsequent violations: The Engineer may issue a Stop Work Order for all construction activities and charge a Five Hundred and Dollar ($500.00) administrative fee against the SWP3 or Abbreviated SWP3 bond or Site Development Plan deposit. The Stop Work Order will be lifted once all controls are in compliance with the approved SWP3 or Abbreviated SWP3.

   (f)    The Engineer shall have the authority to make immediate on-site adjustments to the SWP3 or Abbreviated SWP3 in order to achieve compliance with this regulation.

   (g)    A final inspection will be made to determine if the regulations of this Chapter have been satisfied and a report will be presented to the City on the site's compliance status.

   (h)    The Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes to ensure compliance as required by these regulations.

   (i)    The Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.

   (j)   The City shall not issue building permits for projects regulated under this Chapter that have not received approval for an Abbreviated SWP3 or SWP3 for said project(s).

(Ord.  2020-58.  Passed 4-20-20.)

1005.13 PERMITS AND DEPOSITS .

   Permits and deposits for plan review services and inspectional services not specifically set forth in this Chapter shall be in accordance with the provisions and requirements of the Building Code as provided in Chapter 1329 of the Codified Ordinances.

(Ord.  2020-58.  Passed 4-20-20.)

1005.99 PENALTY.

   (a)   Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of first degree and, upon conviction thereof, shall be subject to punishment as provided in Section 1105.99 of the Zoning Code.

   (b)   The imposition of any other penalties provided herein shall not preclude the City from 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 regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Building Commissioner.

(Ord.  2020-58.  Passed 4-20-20.)