(1) Notification of failure of the permit. The city shall notify the permit holder of the failure of the permit's measures.
(a) 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.
(b) Emergency action. If circumstances exist such that non-compliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant's financial security.
(c) Erosion off site. If erosion breaches the perimeter of the site, the applicant shall clean up and repair or supplement with functional BMP’s within 24 hours of discovery or immediately as conditions allow. 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 and charge the cost to the applicant. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly.
(d) 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.
(e) Failure to do corrective work. When an applicant fails to conform to any provision of this chapter within the time stipulated, the city may take the following actions:
1. Issue a stop work order, withhold the scheduling of inspections, and/or the issuance of a certificate of occupancy.
2. 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.
3. Correct the deficiency or hire a contractor to correct the deficiency.
4. Require reimbursement to 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 above.
5. If there is an insufficient financial amount in the applicant's financial securities as described above, then 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.
(2) Enforcement. The city shall be responsible for enforcing this chapter.
(a) Penalties. 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. All land use and building permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense.
(b) Right-of-entry and inspection; powers. The issuance of a permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and their authorized representatives, upon presentation of credentials, to:
1. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys;
2. Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations;
3. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permitted site;
4. Inspect the stormwater pollution control measures; and
5. Sample and monitor any items or activities pertaining to stormwater pollution control measures;
6. Correcting deficiencies in stormwater and erosion and sediment control measures.
(Ord. 09-15, passed 10-26-2015; Am. Ord. 10-22, passed 1-9-2023)