The issuing authority may also perform inspections of the site to verify compliance with the SWPPP and this chapter. Should it be found that the site control methods are ineffective or not being maintained properly, the issuing authority may proceed with any or all of the following enforcement actions:
(A) Right of entry. The applicant shall promptly allow issuing authority, upon presentation of credentials to:
(1) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections, surveys, or correcting deficiencies in erosion and sediment control;
(2) Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations;
(3) Examine and copy any books, papers, records or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site;
(4) Inspect the storm water pollution control measures; and
(5) Sample and monitor any items or activities pertaining to storm water pollution; and any temporary or permanent obstruction to the safe and easy access of such an inspection shall be promptly removed upon the inspector's request. The cost of providing such access shall be borne by the applicant.
(B) Warning letter. If, upon inspection by the issuing authority, the applicant fails to implement the erosion and sediment control practices outlined in the approved SWPPP or minimum BMP standards outlined in this chapter, the issuing authority will notify the applicant with a letter of warning which outlines the issues of non-compliance and a timeline for completion of any work to bring the site into compliance.
(C) Refusal of inspection. Request for an inspection of any permitted activity may be denied if it is found that the erosion and sediment control measures have not been implemented or are found to be ineffective or are not maintained. No further inspections will be performed until the erosion and sediment control measures have been implemented or violations have been abated.
(D) Denial of permit issuance. The issuing authority is authorized to deny the issuance of any permit to the permit holder or other responsible persons if it is found that the erosion and sediment control measures have not been implemented or are found be to ineffective or are not maintained. No permits will be issued until the erosion and sediment control measures have been implemented or violations have been abated.
(E) Stop work order. The issuing authority is authorized to issue a stop work order for any or all construction activity within the established boundary of the permit. The stop work order shall be in writing and shall be given to the owner of the property involved, or the owner's agent or the person doing the work. In addition, notice of the stop work order shall be posted on the site. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the work will be permitted to resume. Any person who shall continue to work after having been served a stop work order, except such work as directed by the city to perform to remove a violation or unsafe condition, is guilty of a public offense and may be subject to penalties as prescribed herein.
(F) Abatement. Should any person fail to comply with the provisions of this chapter, the issuing authority is authorized to correct or abate such violation. This action can be taken in lieu of, or in conjunction with, any enforcement actions set forth in this chapter.
(G) Notice of violation. The issuing authority is authorized to serve a notice of violation or order on any person found to be doing work in violation of the provision of this chapter. Such order shall direct the discontinuance of the illegal action or condition and order the abatement of the violation by the responsible person.
(H) Action against the financial security. The issuing authority may act against the financial security, if any of the conditions listed below exist. The issuing authority shall use funds from this security to finance any corrective or remedial work undertaken by the issuing authority or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees:
(1) The applicant ceases land disturbing activities and/or filling and abandons the work site prior to completion of the city-approved SWPPP;
(2) The applicant fails to conform to any issuing authority approved grading plan and/or the SWPPP, or related supplementary instructions;
(3) The techniques utilized under the SWPPP fail within one year of installation;
(4) The applicant fails to reimburse the city for corrective action taken; and
(5) Emergency action under division (I) below.
(I) Emergency action. If circumstances exist such that non-compliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the issuing authority, the issuing authority may take emergency preventative action. The issuing authority shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant's financial security.
(Ord. 2005-04, passed 3-22-2005; Ord. 2020-09, passed 4-14-2020)