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A. Maintenance and Repair by City: If maintenance activities are not completed in a timely manner or as specified in the approved plan or if there exists an immediate danger to public health or safety as a result of the permanent control measure, the Stormwater Enterprise Manager, other Stormwater Enterprise staff under the direction of the Stormwater Enterprise Manager, or a contractor engaged by the Stormwater Enterprise Manager may enter upon the subject private or public property and complete the necessary maintenance and/or repair at the owner's expense.
B. Notice of Deficiency: If deficiencies with maintenance of permanent stormwater measures are noted during City inspections, the City shall notify the owner by U.S. mail, first class, postage prepaid with a certificate of mailing, at the property's legal address listed in the records of the County Assessor's Office. The responsible party shall have twenty (20) business days or other time frame mutually agreed to between the Stormwater Enterprise Manager and the responsible party to correct the deficiencies. The Stormwater Enterprise Manager shall then conduct a follow up inspection to verify the repairs. If repairs are not undertaken or are not found to be done properly, the Stormwater Enterprise Manager may complete the necessary maintenance at the responsible party's expense.
C. Notice of Violation: If the annual report mandated as part of the Inspection and Maintenance (IM) Plan required by Subsection 7.4.703B is not received by the Stormwater Enterprise, the Stormwater Enterprise Manager shall notify the owner of the missed inspection report by U.S. mail, first class, postage prepaid with a certificate of mailing, at the property's legal address listed in the records of the County Assessor's Office. The responsible party will have twenty (20) business days to complete the inspection and deliver it to the Stormwater Enterprise Manager. A notice of violation may be issued by the Stormwater Enterprise Manager if an inspection is not submitted after the twentieth (20th) business day. The notice will include a date that will be identified as the "date of notice of violation" for purposes of appeal rights.
D. Appeals: Any person receiving a notice of violation under this Section may appeal the determination of the Stormwater Enterprise Manager to the Public Works Director, as follows:
1. The notice of appeal must be received by the Stormwater Enterprise Manager within ten (10) days from the date of the notice of violation. A hearing on the appeal before the Public Works Director shall take place within fifteen (15) days from the date the City received the timely notice of appeal.
2. The decision of the Public Works Director shall be final. (Ord. 23-03)
A. Within thirty (30) days after maintenance or repair of the permanent control measure by Stormwater Engineering, the Stormwater Enterprise Manager shall notify in writing the property owner of the cost of repair, including administrative costs. The Stormwater Enterprise Manager notice shall include an "official notice date."
B. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within fifteen (15) days of the "official notice date." The Stormwater Enterprise Manager shall set the matter for public hearing by the City Council and shall notify the appellant of the date of the hearing. The decision of the City Council shall be set forth by resolution and shall be final. (Ord. 23-03)
A. In addition to any lien placed upon real property, the cost of abatement, including administrative costs, shall be deemed a joint and severable personal debt of the property owner.
B. If the amount due is not paid within ten (10) days of the decision of the City Council or the expiration of the time in which to file an appeal to City Council under this Part 7.5.11, the charges shall become a special assessment against the property and shall constitute a priority lien on the property for the amount of the assessment. This lien shall be deemed in priority of, and superior to, any and all liens then existing on the property or later levied upon the property.
C. A copy of the resolution shall be filed with the County Assessor and the County Treasurer so that the Assessor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the full amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 23-03)
A. Failure to erect any sign required by Subsection 7.4.304G.4 (Street Name Signs) or any road marking required by Subsection 7.4.304G.5 (Fire Apparatus Access Road Markings) shall result in disapproval of final inspection, refusal to issue a Certificate of Occupancy, revocation of Certificate of Occupancy or other action authorized in Part 7.5.9 (General Enforcement) or Section 1.1.201 (General Penalty).
B. The property owner(s) or an authorized agent, upon notification of noncompliance and subsequently failing to meet or cause to be met all applicable requirements of Subsections 7.4.304G.4 (Street Name Signs) or 7.4.304G.5 (Fire Apparatus Access Road Markings) shall be responsible for any and all expenses incurred on the part of the City or any authorized agent in the enforcement of and compliance with either of those Sections. (Ord. 23-03)
A. Regulations in this UDC relating to historic preservation shall enforced in accordance with Part 7.5.9 (General Enforcement) Appeals from notices and orders alleging violations of the regulations relating to historic preservation shall be in accord with Section 7.5.908 (Appeals).
B. On appeal, the Planning Commission or City Council shall have the power after hearing to order restoration of the building, structure, site, or object to its appearance or setting prior to the violation. In addition, if any violation of provisions of this UDC subject to enforcement by this Part 7.5.13 are by persons licensed or registered under Chapter 2 of the Building Code, suspension or revocation proceedings may be commenced under the provisions of Chapter 2 of the Building Code. (Ord. 23-03)
A. It shall be unlawful for any person to fail or refuse to comply with any order issued to that person pursuant to this Part 7.5.13.
B. In the event that any order issued in accordance with this Part 7.5.13 or Part 7.5.9 (General Enforcement) is not complied with in such reasonable time as is specified in the order, the Manager, after notice to the owner, or agent of the owner or occupant, may direct restoration through private contract. The procedures outlined in the City Code for the collection of the cost and expenses thereof shall apply independently and in addition to the penalty provided by this UDC for violation of any provisions of this UDC. (Ord. 23-03)
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