(A) Violations. In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to prosperity or improvements in the neighborhood, the MS4 operator may issue a:
(1) Written warning indicating actions deemed contrary to the permit which are required to be corrected and brought into compliance within 48 hours, or
(2) Stop-work order; revocation of permit in writing to any persons engaged in the doing or causing of such work to be done, and all persons shall forthwith stop such work until authorized by the MS4 operator to proceed with the work.
(B) Appeals. Upon receipt of a written violation resulting in penalties against a site development permit, the developer may, within 30 days of receipt of such violation, file a written appeal to the Board of Public Works and Safety for review of the penalties.
(1) The Board shall complete its review within 60 days of receipt of said request for appeal. The Board's determination on the appeal shall be in writing and set forth in detail the reason for its decision.
(2) In evaluating the appeal, the Board shall be bound by the standards and review criteria contained or referenced herein.
(3) All determinations of the Board arising out of this section shall be final.
(C) Transfer of permit. Prior to termination of the permit, if all or part of the construction site transfers from one MS4 area to another through annexation or other means, the site development permit, bond, and enforcement authority shall transfer through a notice of transfer between the two MS4 entities. This shall not indemnify the permit holder from any pending enforcement action.
(Ord. 6471, passed 4-9-07)