(A) Work suspension. In the event that a developer fails to file and have approved a Stormwater Management Plan, or if work performed does not conform to the provisions of the approved Stormwater Management Plan and specifications, a written notice to comply shall be served upon the developer. Such notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with such notice shall result in the issuance of a stop-work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation, the stop-work order shall be voided and construction may resume. The city may further file an action to enjoin further work to be performed until such time as the developer complies with the provisions of this subchapter.
(B) Bond forfeiture.
(1) In the event of continued violation of the approved Stormwater Management Plan, a public hearing on the matter shall be conducted by the City Commission.
(2) Written notice of such hearing shall be served upon the developer by registered mail, and shall state:
(a) The grounds for complaint; and
(b) The time and place such hearing is to be held.
(3) Such notice shall be served at least 15 days prior to the date set for the hearing. At any such hearing, the developer shall be given an opportunity to be heard, and he or she may call witnesses and present evidence on his or her behalf. After such hearing, if the City Commission concludes that the issuance of additional correction notices would be futile, any bonds or cash deposits posted with the city shall be forfeited, whereupon said security shall be sued for completion of the stormwater management plan as approved.
(Ord. 980.2-9-94, passed 8-24-1994)