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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appeal to the City Manager or designee and in writing state his or her reasons for requesting such order to be rescinded or modified.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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