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A. The Manager is authorized to establish procedures and guidelines to accomplish the purposes of this Section 7.5.908. Copies of any procedures and guidelines shall be available for inspection at the offices of the Manager during regular business hours.
B. No systematic or programmatic UDC enforcement program shall be initiated for a neighborhood or area within the City without the prior approval of the Manager.
The policies in this Section apply to enforcement at all permitted sites covered by Grading and Erosion Control (GEC) Permits and Associate GEC Permits in the City pursuant to Part 7.4.6. The Stormwater Enterprise Manager retains all options concerning chosen enforcement approaches and compliance is required at all times. Enforcement policies and procedures are set forth in the Engineering Criteria. (Ord. 23-03)
If the Stormwater Enterprise Manager determines that an activity governed by this Part 7.5.10 is creating a nuisance to the public health, safety, and welfare or is not compliant with the requirements of this UDC, the City Engineer may use any or all of the powers listed below:
A. Informal Contact: The Stormwater Enterprise Manager shall have the authority to effectuate the abatement of the nuisance or compliance through informal meetings or conversations resulting in a verbal agreement.
B. Letter of Noncompliance: The Stormwater Enterprise Manager may issue a letter of noncompliance to the property owner, developer, and/or contractor that contains a description of the measures required to eliminate the nuisance or noncompliance and a date by which these measures must be implemented.
C. Stop Work Order:
1. If an imminent and substantial hazard exists that jeopardizes public safety, property, and/or water resources, including water quality, the Stormwater Enterprise Manager may issue an immediate stop work order and/or take emergency actions to abate or minimize the hazard at the full expense of the record owner of the property. A stop work order shall be in effect from the time issued.
2. The Stormwater Enterprise Manager may issue a stop work order for the entire site or a specified portion of the site for the purpose of preventing any adverse impacts or minimizing additional adverse impacts. The Stormwater Enterprise Manager may specify allowable work in order to eliminate the nuisance or bring the site into compliance.
D. Revocation of Permit: The Stormwater Enterprise Manager may temporarily or permanently revoke the GEC Permit or Associate GEC Permit.
E. Notice and Order: The Stormwater Enterprise Manager may issue a notice and order ordering the elimination of the nuisance and/or noncompliance by a specified date based on the nature of the violation. If compliance with the notice and order is not achieved by the deadline, the Stormwater Enterprise Manager may proceed with abatement as authorized in this Part 7.5.10.
F. Civil Action: The Stormwater Enterprise Manager may ask the City Attorney to initiate a civil action in the District Court for injunctive relief to abate the violations.
G. Issuance of Summons: The Stormwater Enterprise Manager may request issuance of a Municipal Court summons for violations of this Part 7.5.10.
H. Additional Actions: Nothing in this Part 7.5.10 shall be construed to preclude the Stormwater Enterprise Manager from seeking other enforcement actions or remedies in addition to or in lieu of the remedies granted in this Section 7.5.10. Enforcement actions or remedies provided in this Part 7.5.10 shall be cumulative and in addition to any other remedies that may be available to the Stormwater Enterprise Manager. (Ord. 23-03)
A. Notice: Any notice required as part of enforcement of this UDC in accord with this Part 7.5.10 shall be in writing and include:
1. The street address and a description sufficient for identification of the property upon which the violation, nuisance, or noncompliance is located.
2. A statement of the asserted violation, nuisance, or noncompliance.
3. A statement of the action required to be taken and/or the date or time period by which the violation must be abated or otherwise corrected.
4. A statement advising that if any required corrective measures are not commenced within the time specified, the Stormwater Enterprise Manager may proceed to cause the corrective measures to be undertaken and charge the corrective measures against the property or its owner.
5. A statement advising that any person having any record title or legal interest in the property may appeal from the notice and order directly to the Public Works Director provided the appeal is made in writing and filed with the Stormwater Enterprise Manager within ten (10) days from the date of service of the notice and order, that failure to appeal will constitute a waiver of all right to a hearing and determination of the matter.
B. Service of Notice:
1. General: The notice and order, and any amended or supplemental order, shall be served upon the record owner or the owner's agent and posted on the property. Failure to serve any person required to be served shall not invalidate any proceedings as to any other person duly served or relieve any person from any duty or obligation imposed by the provisions of this Part 7.5.10.
2. Method of Service:
a. Service of the notice and order shall be made either in person or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, to each owner or agent of the owner at the address that appears on the assessment roll of the County or is known to the Stormwater Enterprise Manager. If no address of any person so appears or is not known to the Stormwater Enterprise Manager, then a copy of the notice and order shall be mailed, addressed to the person, at the address of the real property involved in the proceedings. Failure of any person to receive notice shall not affect the validity of any proceedings pursuant to this Part 7.5.10.
b. Service by certified mail in the manner provided shall be effective on the date of mailing. Service in person shall be effective on the date service is effectuated.
3. Proof of Service: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the City Engineer. (Ord. 23-03)
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