(a) If the city or its duly authorized representative determines that a violation of the rules adopted under this code exist, the city 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 Kirtland City Engineer and/or the LCSWCD to ensure compliance with the approved SWP3 or abbreviated SWP3.
(c) After each external inspection, Kirtland City Engineer and/or the LCSWCD shall prepare and distribute a status report to the applicant.
(d) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or abbreviated SWP3, the Kirtland City Engineer and/or the LCSWCD may take action as detailed in § 1464.14.
(e) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation:
(1) First violation. LCSWCD 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 days of the notification. If controls have not been corrected after this time, the Kirtland City Engineer may issue a Stop Work Order for all activities until corrections have been made.
(2) Second violation. LCSWCD may issue a formal Notice of Violation which includes a two hundred fifty dollar ($250.00) 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 days of the Notice of Violation. If controls have not been corrected after this time, the Mayor may issue a Stop Work Order for all activities until corrections have been made.
(3) Third and subsequent violations. The Mayor may issue a Stop Work Order for all construction activities and charge a two hundred fifty dollar ($250.00) administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls are in compliance with the approved SWP3 plan.
(f) The LCSWCD shall have the authority to make immediate on-site adjustments to the ESC Plan in order to achieve compliance with these rules.
(g) A final inspection will be made to determine if the criteria of this code have been satisfied and a report will be presented to the city on the site's compliance status.
(h) The Kirtland Public Service Administrator 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 shall not issue zoning permits for projects regulated under this code that have not received approval for an SWP3 for said project(s).
(Ord. 16-O-39, passed 10-17-2016)