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1. The city shall not allow any land-disturbing activity on a site for which coverage under General Permit No. 2 is required, nor shall the city issue any permit, authorization, or license allowing such activity, until the site owner has obtained coverage for the site under General Permit No. 2 from the Iowa DNR.
2. Any responsible party who is required to obtain, or has obtained, coverage under General Permit No. 2 shall comply with all the requirements of General Permit No. 2. Failure to do so is a violation of this section.
A. Completion of work shown in a Stormwater Pollution Prevention Plan submitted under the provisions of General Permit No. 2 is a requirement of General Permit No. 2 and failure to complete such work is a violation of this section. Completion of work shown in a Stormwater Pollution Prevention Plan under the provisions of General Permit No. 2 is a requirement of General Permit No. 2 and failure to complete such work is a violation of this section.
3. For sites covered under General Permit No. 2 where the ownership changes, the Enforcement Officer must be notified of the title transfer within 30 days. The new owner shall be subject to all terms and conditions of the erosion control permit. A copy of the notice of transfer that was sent to the Enforcement Officer shall be included in the SWPPP.
For sites that are part of a larger common plan of development such as a housing or commercial development project, if a permittee transfers ownership of all or any part of property subject to an erosion control permit, both the permittee and transferee shall be responsible for compliance with the provisions of General Permit No. 2 and the erosion control permit for that portion of the project which has been transferred including when the transferred property is less than one acre in area. If the new owner agrees in writing to be solely responsible for compliance with the provisions of General Permit No. 2 and the erosion control permit for the property which has been transferred, then the existing permittee shall be relieved of responsibility for compliance with General Permit No. 2 and the erosion control permit for the transferred property, from and after the date the transfer of responsibility is attached to the SWPPP.
1. The Erosion Control Officer may inspect the site in response to reports from third parties or at other times, at the Erosion Control Officer's discretion.
2. The Erosion Control Officer may issue a notice to comply to the responsible party or parties, describing any problems and specifying a date and time by which compliance must be achieved.
A. The Erosion Control Officer may modify a notice to comply and may authorize, in writing, an extension to the specified date and time by which compliance must be achieved.
B. Failure to achieve compliance by the specified date and time is a violation of this section.
3. The Erosion Control Officer shall, upon determination of any violation of this section, issue a notice of violation in writing to the responsible party or parties, indicating the nature of the violation and ordering the action necessary to correct it.
A. The notice of violation may:
(1) Order the discontinuance of any or all work at the site, including at the Erosion Control Officer's discretion work not directly related to the cause and prevention of erosion and sedimentation, except work necessary to achieve compliance and to repair and clean up damage, specifying a date and time for such discontinuance to commence and conditions for such discontinuance to cease.
(2) Require the repair and cleanup of any damage done due to failure to comply with General Permit No. 2, specifying a date and time for completion of repair and cleanup.
(3) Order the withholding of any building or occupancy permits for the site.
B. Failure to comply with any order in a notice of violation is an additional violation. Each day of such failure constitutes a separate violation.
C. The Erosion Control Officer may modify a notice of violation and may authorize, in writing, an extension to the specified dates and times therein.
D. The notice of violation shall, where necessary or appropriate, recommend to the City Attorney the institution of legal or equitable actions that may be required for the enforcement of this section.
4. Communication to a responsible party's employee, partner, attorney, agent, contractor, or subcontractor shall be regarded as communication to the responsible party for the purpose of this section.
5. Communication to one responsible party shall be regarded as communication to each responsible party for the purpose of this section.
1. Right of Entry. The City Engineer or Building Official and authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The applicant, owner, or titleholder shall be deemed to have consented to such entry by submission of an application for any permit or plan contemplated in this chapter. Barring or delaying such inspection is a violation of this section.
2. The Erosion Control Officer shall have access to and be able to copy any records that must be kept under the conditions of General Permit No. 2 within 3 business hours, where a business hour is any hour between 8:00 a.m. and 3:30 p.m. on a nonholiday weekday.
1. For any site, whether or not covered by an erosion control permit or other stormwater discharge permit, the city may clean up eroded sediment or tracked soil deposited on public property if:
A. Corrective action has not been completed within 24 hours or within an extended deadline granted in writing by the city; or
B. In the judgment of the City Engineer, damage to the environment is ongoing and prompt corrective action would be intended to reduce such damage.
2. If the city cleans up such material deposited off-site, the City Engineer will invoice the responsible party or parties for the city's actual costs including overhead, which may be recorded as an assessment against the property and constitute a lien thereon.
3. Failure to pay an invoice under this subchapter within 30 days shall constitute a violation of this section.
1. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief.
2. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
3. Violation of any provision of this chapter may also be enforced as a municipal infraction within the meaning of Iowa Code 364.22, pursuant to Chapter 1, Ely City Code.
Anyone claiming to be aggrieved by any determination made by the Erosion Control Officer may within 20 days of the date of such determination appeal to the City Manager or designee and in writing state his or her reasons for requesting such order to be rescinded or modified. The City Manager or designee shall review the determination of the Erosion Control Officer, and if reasonable grounds exist, shall modify, withdraw or order compliance with said determination. Anyone claiming to be aggrieved by the determination made by the City Manager or designee shall have such rights of appeal as provided by the law.
The City Council may establish fees by resolution for permit applications, permit renewal applications, inspections, and for the review and processing of documents necessitated by this chapter. When such fees are established a submittal shall not be considered unless the appropriate fee has been submitted to the city.
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