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)

18-6-070: CESSATION OF WORK:

Upon receipt of the notice of intended suspension or revocation, the land disturbance permit holder is to cease all work in connection with the land disturbance permit, with the exception of work necessary to correct any condition or perform any work cited in the notice of proposed action as a ground for suspension or revocation, and work of an emergency nature. The time necessary for completion of these emergency corrections will be determined by the city engineer. (Ord. 419, 6-5-2001)

18-6-080: DECISION OF SUSPENSION OR REVOCATION:

A.   Written Decision; Service: Within twenty four (24) hours following the conclusion of the conference, the city engineer is to render a written decision, either revoking the land disturbance permit, suspending the land disturbance permit, or authorizing the land disturbance permit holder to proceed with the work. Such action may be with or without conditions. The decision is to be served upon the land disturbance permit holder by personal service or by first class mail, postage prepaid, within twenty four (24) hours after the rendition of the decision.

B.   Failure To Correct: If the land disturbance permit holder fails to correct the objectionable or emergency conditions causing the revocation or suspension, the city may cause the work necessary to correct said conditions to be done, and the city may take action against the land disturbance permit holder's security to cover the cost of performing the work.

C.   Reinstate; Revoke: The city engineer may either reinstate or revoke any land disturbance permit that has been suspended. (Ord. 419, 6-5-2001)

18-6-090: RIGHT OF ENTRY:

In the administration and enforcement of this title, any duly authorized official or employee of the city shall have authority to enter upon the premises of the permitted site for the purposes of investigation and inspection; provided, however, that such right of entry shall be exercised at reasonable times. No land disturbance permit holder shall refuse to allow such inspection. In the case where the responsible person is not a land disturbance permit holder, the enforcement authority is to provide twenty four (24) hours' written notice of the intent to inspect, except in emergency situations or when consent has been obtained of the owner and/or occupant of the site to be inspected. The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant as allowed by law. (Ord. 419, 6-5-2001)

18-6-100: VIOLATIONS:

A.   Violations Enumerated: No person shall fail, refuse, or neglect to comply with the following provisions:

1.   All orders issued by the city engineer or the building official pursuant to the provisions of this title;

2.   All conditions imposed on land disturbance permits pursuant to the provisions of this title; and

3.   All rules and regulations of the office of the city engineer with respect to grading, which were in effect at the time the land disturbance permit was issued.

B.   Penalties: Any person, firm, or corporation violating any of the provisions of this title shall be deemed guilty of a violation of this code pursuant to the provisions of this code, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this title is committed, continued, or land disturbance permitted.

C.   Letters Of Noncompliance: Whenever any construction or work is being done contrary to the provisions of this title or any other law, the city engineer or his/her duly authorized representative may issue a letter of noncompliance. The letter of noncompliance shall be issued to the developer, the civil engineer, and the contractor immediately on that portion of the work on which the noncompliance has occurred. If the portion of the work on which the noncompliance has occurred is not remedied, a stop work order shall be issued; or if the portion of the work on which the noncompliance has occurred is corrected, a letter shall be issued stating that the noncompliance has been rectified, and such letter shall be distributed to the developer, the civil engineer, and the contractor. The issuance of a letter of noncompliance shall not be a prerequisite for the issuance of a stop work order by the city. (Ord. 419, 6-5-2001)