The City Manager or his or her duly authorized designee shall administer and implement the provisions of this subchapter and enforcement. Any powers granted or duties set forth in this subchapter may be delegated by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the city.
(a) Every person who improves land or changes the contour of land in any manner shall be responsible for the protection against erosion and for reestablishing permanent ground cover.
(b) Every such person shall be responsible for the cleaning of city streets, storm and sanitary sewers, and open channels on private land in or upon which soil or other matter has been deposited from such lands.
(c) Before any land disturbing activity, or before any building or structure is demolished, erected, constructed or reconstructed, every person proposing such development shall present an erosion and sediment control plan for protection of the site against erosion and for reestablishing permanent ground cover. The plan shall be submitted to the codes administrator for review and approval as part of the demolition permit or building permit submittal. A demolition permit or a building permit shall not be issued to such person prior to approval of the erosion and sediment control plan.
(d) No erosion and sediment control plan is required for the following activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;
(2) Existing nursery and agricultural operations conducted as a main or accessory use;
(3) Any activity disturbing one acre or less of land. For these small sites, certain minimum erosion control requirements shall apply (see § 7-203(h)).
(e) The city shall be permitted to enter and inspect lands and facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. This shall be a condition of any permits issued herein;
(f) In addition to all other remedies, and after such time as the codes administrator shall have determined a failure of a developer or builder to comply with this section, the codes administrator may institute an injunction, mandamus, or appropriate action or proceeding in any court of competent jurisdiction to prevent the work or occupancy of such building, structure or land.
(Ord. O-16-22, passed 8-9-2022)