The city through its City Manager shall administer, implement and enforce the provisions of this subchapter. Any powers granted or duties imposed upon 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 (Storm Water Pollution Prevention Plan - SWPPP) for protection of the site against erosion and for reestablishing permanent ground cover. The plan shall be submitted to the code enforcement board 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:
- Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;
- Existing nursery and agricultural operations conducted as a main or accessory use;
- Any activity disturbing one acre or less of land. For these small sites, certain minimum erosion control requirements shall apply as defined in the city's erosion and sedimentation ordinance and/or any applicable zoning ordinance and/or subdivision regulations.
(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.
(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-17-22, passed 8-9-2022)