A. Correction of condition. If city personnel document that a person is in non-compliance with any of the provisions contained within the article above, he or she will notify the city manager or designee and the person will be notified in writing, by phone or in person, of that fact and specify a period of time in which the person must achieve compliance. Failure to comply within the timeframe determined by the city constitutes grounds for a notice of violation per the city's enforcement ordinances. Correction of condition may include the amendment of plans to reflect additional or new control measures to be taken in the event that original measures prove to be insufficient or ineffective. Nothing herein shall prevent separate enforcement being taken in accordance with Chapter 8.28 (Nuisances).
B. Remedial action. The city code enforcement officer, its designated agent, or any other authorized city representative, after proper notice, may enter upon any real property where dust or windblown particulate matter is being generated and take such remedial and corrective action as he or she deems necessary when the owner, occupant, operator, or any tenant, lessee, or holder of any possessory interest or right in the involved land fails to do so.
C. Costs. The actual costs incurred in connection with any remedial or corrective action taken by the city, pursuant to this section, shall be assessed against the owner of the property involved. The owner of record will have fifteen days to submit payment in full. Failure to remit payment shall cause a lien to be placed upon the property from which remedial or corrective action was taken.
D. Effective date. For all existing, ongoing, and/or permanently-sited institutional, governmental, commercial and/or industrial facilities or operations, the wind erosion control provisions of this chapter shall be submitted in writing, approved, and implemented within fifteen days of the effective date of this chapter.
E. Liability. All persons owning, operating, or in control of any equipment or property who shall cause, permit, or participate in any violation of this chapter shall be individually and collectively liable to any penalty or punishment imposed by and under the municipal code for the city.
F. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars or by imprisonment not to exceed ninety days or by both such time and imprisonment. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such. (Ord. 526 (part), 2014)