§ 55.009  INSPECTION, NOTICE TO COMPLY AND NOTICE OF VIOLATION.
   (A)   The Erosion Control Officer may inspect the site in response to reports from third parties or at other times, at the Erosion Control Officer’s discretion.
   (B)   The Erosion Control Officer may issue a notice to comply to the responsible party or parties, describing any problems and specifying a date and time by which compliance must be achieved.
   (C)   The Erosion Control Officer may modify a notice to comply and may authorize, in writing, an extension to the specified date and time by which compliance must be achieved.
   (D)   Failure to achieve compliance by the specified date and time is a violation of this section.
   (E)   The Erosion Control Officer shall, upon determination of any violation of this section, issue a notice of violation in writing to the responsible party or parties, indicating the nature of the violation and ordering the action necessary to correct it.
   (F)   The notice of violation may:
      (1)   Order the discontinuance of any illegal work, specifying a date and time for such discontinuance;
      (2)   Require the repair and clean-up of any damage done due to failure to comply with General Permit No. 2, specifying a date and time for completion of repair and clean-up;
      (3)   Order the withholding of any building or occupancy permits for the site; and
      (4)   Order the discontinuance of any or all work at the site, including at the Erosion Control Officer’s discretion work not directly related to the cause and prevention of erosion and sedimentation, except work necessary to achieve compliance and to repair and clean up damage, specifying a date and time for such discontinuance to commence and conditions for such discontinuance to cease.
   (G)   Failure to comply with any order in a notice of violation is an additional violation. Each day of such failure constitutes a separate violation.
   (H)   The Erosion Control Officer may modify a notice of violation and may authorize, in writing, an extension to the specified dates and times therein.
   (I)   The notice of violation shall, where necessary or appropriate, recommend to the City Attorney the institution of legal or equitable actions that may be required for the enforcement of this section.
   (J)   Communication to a responsible party’s employee, partner, attorney, agent, contractor or subcontractor shall be regarded as communication to the responsible party for the purpose of this section.
   (K)   Communication to one responsible party shall be regarded as communication to each responsible party for the purpose of this section.
(2013 Code, § 28-170)  (Ord. 14824, passed 2-11-2008)