(A) Right of entry. The applicant shall promptly allow the city and its authorized representatives, upon presentation of credentials to:
(1) Enter upon the permitted site for the purposes of obtaining information, examining records and conducting investigations, inspections or surveys;
(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 the permitted site;
(4) Inspect the storm water pollution control measures;
(5) Sample and monitor any items or activities pertaining to storm water pollution control measures; and
(6) Move or remove any temporary or permanent obstruction to the safe and easy access to the site for the purposes herein described. The cost of providing such access shall be borne by the applicant.
(B) Notification of failure of the storm water pollution prevention plan.
(1) Notification by the city. The initial contact will be to a party listed on the application and/or the storm water pollution prevention plan. Forty-eight (48) hours after notification by the city or 72 hours after the failure of the erosion control measures, whichever is less, the city, at its discretion, may issue a stop work order, revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction and withhold the scheduling of inspections, and/or the issuance of a certificate of occupancy.
(2) Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, shall more than seven calendar days go by without corrective action being taken.
(3) Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during cleanup operations.
(C) Action against the financial security. If appropriate remedial action by the applicant has not been completed within seven days after notification by the city, the city may draw against the financial security. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct costs incurred in the process of remedial work including, but not limited to, staff time, consultant's time, and attorney's fees if any of the following conditions exist:
(1) The applicant ceases land disturbing activities and/or filling and abandons the work site prior to completion of the city approved grading plan;
(2) The applicant fails to conform to any city approved grading plan and/or storm water pollution prevention plan as approved by the city, or related supplementary instructions;
(3) The techniques utilized under the storm water pollution prevention plan fail within 1 year of installation;
(4) The applicant fails to reimburse the city for corrective action taken; or
(5) Emergency action is required to be undertaken by the city.
(D) Emergency action. If circumstances exist such that noncompliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the city engineer, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city shall be the responsibility of the applicant and may be recovered from the applicant's financial security.
(Ord. 712, passed 11-14-2022)