(A) Work suspension. In the event that work performed does not conform to the provisions of the approved stormwater management plan and specification, 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 collection of the violation the stop work order shall be voided and construction may resume.
(B) Appeals. A developer may appeal any decision made by the Stormwater Manager to the SWAC within 30 days of the date of notification.
(C) 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 SWAC.
(2) Written notice of such hearing shall be served upon the developer by registered mail, and shall state:
(a) The grounds for complaint.
(b) The time and place such hearing is to be held.
(c) 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 may call witness and present evidence on his or her behalf. After such hearing, if the SWAC 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 used for completion of the stormwater management plan as approved.
(D) Post-construction stormwater management facilities/BMPs.
(1) When deficiencies are noted upon inspection by the city, the city shall provide the property owner copies of the inspection report with findings and evaluations. The owner then has 30 days to get the stormwater facilities in working order as per its original design function.
(2) In the event the property owner neglects to make repairs upon notification, and or fails to maintain the stormwater management facilities in good working condition acceptable to the city, the city may enter upon the property and take whatever steps it deems necessary to maintain said stormwater management/BMP facilities and to charge the costs of the repairs to the landowner, its successors and assigns. This provision shall not be construed to all the City of Glasgow to erect any structure of a permanent nature on the property of the landowner, outside of an easement for stormwater management/BMP facilities. It is expressly understood and agreed that the city is under no obligation to maintain or repair said facilities
(3) In the event the city performs work of any nature, or expends any fund in performance of said work for labor, use of equipment, supplies, materials and the like on account of the landowner, its successors and assigns, the landowner shall reimburse the city upon demand, within 30 days of receipt thereof for all costs incurred by the city.
(Ord. 2809, passed 12-10-2012)