18-6-010: ENFORCEMENT:

This title is to be enforced pursuant to the provisions set forth herein as applicable. The city engineer and other enforcement authorities are responsible for the enforcement of the provisions of this title. (Ord. 419, 6-5-2001)

18-6-020: PENALTIES:

A.   Scope: Nothing herein is intended to limit or prohibit the enforcement of this code or other applicable laws through civil or criminal process where the city has determined that enforcement of the procedures outlined in these sections will not result in effective redress, where there have been repeated violations of the provisions of this title, or where the severity of the violation warrants redress through civil or criminal action.

B.   Sanctions: Any one of the following sanctions shall be available to redress violations of the provisions of this title:

1.   Issuance of a notice of noncompliance/notice to correct setting forth corrective action;

2.   Revocation or suspension of licenses or land disturbance permits, conditional use land disturbance permits, or other entitlements issued by Draper City;

3.   The placement of requirements for corrective action on land disturbance permits, licenses, or entitlements issued by Draper City as a condition to avoid revocation of the land disturbance permit, license, or entitlement;

4.   Requiring the responsible permit holder to post a bond, irrevocable letter of credit, or other adequate security to ensure compliance with the provisions of this title or other applicable laws.

C.   Level Of Sanction; Notice: At the time of issuance of a notice of violation, the enforcement authority will determine the appropriate level of sanction and will provide written notice to the responsible person of the proposed level of sanction and the reasons therefor as outlined herein.

D.   Multiple Violations: Where multiple violations have occurred or are occurring, each violation of the provisions of this title or other applicable laws is subject to a separate sanction. The city may take into account the number and severity of violations in determining the type of action to take against the offending party. (Ord. 419, 6-5-2001)

18-6-030: NOTICES OF NONCOMPLIANCE/NOTICE TO CORRECT:

Whenever a violation is discovered that can be corrected and the responsible permit holder has not been issued a previous notice of noncompliance/notice to correct or notice of violation for the same violation within the past twelve (12) months, the enforcement authority shall issue a notice of noncompliance/notice to correct in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. The notice may include a stop work order that orders the responsible person to immediately cease all work. (Ord. 419, 6-5-2001)

18-6-040: NOTICE OF VIOLATION:

A.   Circumstances: A notice of violation may be issued under any of the following circumstances:

1.   When the violation cannot be corrected;

2.   A notice of noncompliance/notice to correct has been served, and the specified time has passed without adequate correction of the violation;

3.   When a stop work order has been issued and has not been complied with by the responsible person; or

4.   When the same violation has been committed by the same responsible permit holder within the past twelve (12) months for which a notice to correct or notice of violation has been served on the responsible person within that same twelve (12) month period.

B.   Content Of Notice: The notice of violation shall be in writing and set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation, and the rights that the responsible person has to appeal the notice of violation. (Ord. 419, 6-5-2001)

18-6-050: SUSPENSION OR REVOCATION OF LAND DISTURBANCE PERMIT:

The city engineer may suspend or revoke a land disturbance permit and/or suspend any land disturbance activity if:

A.   Conditions at the site vary from those shown on the approved plans;

B.   Construction does not conform to the approved plans, time schedules, or conditions of the land disturbance permit;

C.   The work does not comply with applicable ordinances, rules, regulations and standards;

D.   The site is left in a condition hazardous to the public or to the adjacent properties, and the land disturbance permit holder does not comply with reasonable requirements to correct said conditions;

E.   The land disturbance permit holder does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner;

F.   The land disturbance permit holder, in connection with the operations for which the land disturbance permit was issued, fails to operate equipment properly on public roads; allows material to encroach into, obstruct, or be deposited within a public road right of way or within a drainage channel in a manner not authorized by said land disturbance permit; or causes unauthorized obstruction or diversion of drainage channels;

G.   The land disturbance permit holder fails to have a qualified, city approved inspector working under the supervision of a civil engineer on the site during operations, when so required by the land disturbance permit, or fails to have the work under proper supervision; or

H.   Emergency conditions exist on the site, which constitute a threat to health, safety or public welfare, whether or not caused by the actions of the land disturbance permit holder. (Ord. 419, 6-5-2001)

18-6-060: NOTICE OF SUSPENSION OR REVOCATION:

A.   Notice Required: Prior to the suspension or revocation of a land disturbance permit, the city engineer shall give the land disturbance permit holder written notice of intention to suspend or revoke the land disturbance permit. The notice shall specify the grounds for such intended action and the time and place for the holding of a conference between the city engineer and the land disturbance permit holder, or its authorized representatives, to review the grounds for the proposed action. Notice of the proposed action shall be given to the land disturbance permit holder at least forty eight (48) hours before the time set for the conference, if given by personal service, and at least ninety six (96) hours before the time set for the conference, if given by first class mail. Weekends and holidays are not counted in determining the time for the giving of notice and the holding of the conference. With the consent of the land disturbance permit holder, the time periods provided for herein may be shortened or extended.

B.   Emergency: In the case of an emergency, and only where an unacceptable level of risk to public health, safety and welfare would incur from any delay, the notification deadlines may be disregarded and the city engineer may act decisively to reduce or eliminate the hazard. In such a situation, the city engineer will then make every reasonable effort to confer with the land disturbance permit holder in a timely manner to resolve the concerns which resulted in the suspension. Costs, including additional city staff time and equipment, shall be borne by the land disturbance permit holder. (Ord. 419, 6-5-2001)