The City Manager shall set forth inspections to be performed, either through the city’s Code Enforcement and/or Public Works Departments, or the City Manager may provide for an outside person/agency to provide inspection enforcement for permit compliance.
(a) The city may make inspections as hereinafter required and may approve that portion of the work completed or may notify the permittee of those portions of the work that fail to comply with the Erosion and Sediment Control Plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the city shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the city at least two working days before the following:
(1) Start of construction.
(2) Installation of sediment and erosion measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Completion of final grading.
(6) Close of the construction season.
(7) Completion of final landscaping.
(b) The permittee or his or her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures, and to provide maintenance as needed. All inspections shall be documented in written form and submitted to the city at the time interval specified in the approved permit. The city will make regular inspections to verify the reports submitted by the permittee.
(c) In the event that any person holding a site development permit pursuant to this subchapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site, the site development permit may be suspended or revoked.
(d) Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this subchapter.
(e) Written notice. Any person violating any of the provisions of this subchapter shall be served by the city with written notice stating the nature of the violation. Within five business days of the receipt date of this notice, permittee shall submit to the city an explanation of the violation and a corrective action plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of this plan in no way relieves the permittee of potential liability for any violation occurring before or after receipt of the notice of violation. The permittee shall permanently remedy all violations upon approval of this corrective action plan.
(f) Revocation of permit. Any user violating any of the provisions of this subchapter or a permit or order issued hereunder may be subject to termination of its authority to continue work.
(g) In addition to any other penalty authorized by this subchapter, any person, partnership, or corporation convicted of violating any of the provisions of this subchapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation, including but not limited to any costs of remediation or repair of erosion prevention and sediment control at the site.
(Ord. O-16-22, passed 8-9-2022)