(A) Notification of failure of the permit. The city shall notify the permit holder of the failure of the permit's measures.
(1) Initial contact. The initial contact will be to the party or parties listed on the application and/or the SWPPP as contacts. Except during an emergency action, 48-hours after notification by the city or 72-hours after the failure of erosion and sediment control measures, whichever is less, the city at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties, the city has been unable to establish contact, the city may proceed with corrective work. There are conditions when time is of the essence in controlling erosion. During such a condition the city may take immediate action, and then notify the applicant as soon as possible.
(2) Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48-hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, may more than 7 calendar days go by without corrective action being taken. If in the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agencies to ensure that the work is done properly.
(3) Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
(4) Failure to do corrective work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions:
(a) Stop work order. Issue a stop work order, withhold the scheduling of inspections, and/or withhold the issuance of a certificate of occupancy;
(b) Permit revocation. Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction;
(c) Correction by city. Correct the deficiency or hire a contractor to correct the deficiency;
1. The applicant will be required to reimburse the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in § 161.11; and
2. If there is an insufficient financial amount in the applicant's financial securities as described in § 161.08, the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081 to challenge the amount or validity of assessment.
(B) Misdemeanor. Any person, firm or corporation failing to comply with, or violating any of these regulations, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both.
(1) All land use and building permits may be suspended until the applicant has corrected the violation.
(2) Each separate violation shall constitute a separate offense.
(Ord. 7553, passed 3-15-2016)