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(a) If a SWP3 or abbreviated SWP3 is required by this regulation, soil disturbing activities shall not be permitted until a cash bond or deposit has been deposited with the City of Garfield Heights. The amount shall be a one thousand five hundred dollars ($1,500.00) minimum, and an additional one thousand five hundred dollars ($1,500.00) paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the City of Garfield Heights. The bond will be used for the City of Garfield Heights to perform the plan reviews, inspections, and other obligations to otherwise be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less administrative fees as detailed in the Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the City of Garfield Heights.
(b) A portion of bond (equivalent of cost to apply final stabilization) will be retained until all areas disturbed by construction activity are permanently stabilized and a Notice of Termination (a.k.a. N.O.T.) has been submitted to Ohio EPA and copied to the City of Garfield Heights. Where vegetative growth is used to achieve permanent stabilization, the area shall comply with final stabilization requirements of the Construction General Permit.
(c) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved and signed by the City Engineer.
(Ord. 61-2023. Passed 8-14-23.)
(a) If the City of Garfield Heights and/or the Cuyahoga County SWCD determines that a violation of the rules adopted under this code exist, the City of Garfield Heights or representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.
(b) All development areas may be subject to external inspections by the City and/or the Cuyahoga County SWCD to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(c) After each external inspection, the City of Garfield Heights and/or the Cuyahoga County SWCD shall prepare and distribute a status report to the applicant.
(e) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation. The penalty is determined by the total number of violations per site even if the violations are for different BMPs.
(1) First Violation: The City Engineer will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three (3) days of the notification. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.
(2) Second Violation: The City Engineer may issue a formal Notice of Violation which includes a five hundred dollar ($500.00) administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three (3) days of the Notice of Violation. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.
(3) Third and subsequent violations: The City Engineer may issue a Stop Work Order for all construction activities and charge a one thousand dollar ($1,000.00) administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls follow the approved SWP3 plan.
(4) Penalties and fines shall be applied per day per violation until corrected.
(f) The City Engineer shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this ordinance.
(g) A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the City of Garfield Heights and the site operator on the
site's compliance status.
(h) The City Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these Rules.
(i) The City Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The City Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(j) The City of Garfield Heights shall not issue building permits for projects regulated under this code without approved SWP3s.
(Ord. 61-2023. Passed 8-14-23.)
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice. (Ord. 61-2023. Passed 8-14-23.)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Garfield Heights in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with the Ohio Revised Code. Written notice of appeal shall be served on the City of Garfield Heights and a copy shall be provided to the Cuyahoga County SWCD.
(Ord. 61-2023. Passed 8-14-23.)
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City of Garfield Heights instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Garfield Heights.
(Ord. 61-2023. Passed 8-14-23.)