The city shall reserve the right to issue construction stop work orders when cooperation on inspections is withheld or when a violation has been identified that needs immediate attention to protect human health and/or the environment. If stormwater and/or erosion and sediment control management measures malfunction and breach the perimeter of the site, enter streets, other public areas, or waterbodies the city will assess the need for issuing a stop work order. The applicant shall immediately develop a cleanup and restoration plan, obtain the right of entry from the adjoining property owner if necessary, and implement the cleanup and restoration plan within 48 hours. If in the discretion of the city, the applicant does not repair the damage caused by the stormwater runoff, the city can complete the remedial work required and charge the cost to the applicant. If payment is not made within 30 days, payment will be made from the applicant's financial securities. An inspection by the city must follow before the construction project work can resume.
(A) Construction stop work order. The city may issue construction stop work orders until stormwater management measures meet specifications and the applicant repairs any damage caused by stormwater runoff. An inspection by the city must follow before the construction project work can resume.
(B) Other actions to ensure compliance. The city can take any combination of the following actions in the event of a failure by applicant to meet the terms of this Division:
(1) Withhold inspections or issuance of certificates or approvals;
(2) Revoke any permit issued by the city to the applicant;
(3) Conduct remedial or corrective action on the development site or adjacent site affected by the failure;
(4) Charge applicant for all costs associated with correcting the failure or remediating damage from the failure; if payment is not made within 30 days, payment will be made from the applicant's financial securities; or
(5) Bring other actions against the applicant to recover costs of remediation or meeting the terms of this Division.
(C) Any person, firm or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor.
(Ord. 20220120-01, passed 1-20-22)