(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon the City not otherwise imposed by law.
(b) No Release From Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other Federal, State, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(c) Proceeding with Activity. Soil disturbing activities regulated under this regulation shall not begin until all necessary State and Federal permits and appropriate approvals of site development plans or storm water management plans have been granted to the site owner/ applicant.
(d) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved SDP or SMP and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the City authorized agent(s) to ensure compliance with the approved SDP or SMP.
(2) After each inspection a status report shall be prepared and distributed to the appropriate person(s).
(3) If it is found that the operations are being conducted in violation of the approved SDP or SMP, a stop work order may be issued until the identified violations cease.
(4) After the issuance of a stop-work order, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the City authorized agent to show cause why work should not be stopped. A hearing shall be scheduled at the time that a request for such a hearing is made to the City authorized agent.
(5) Following the issuance of a stop work order, the City authorized agent shall determine if and when the development may proceed. Any determination by the authorized agent pursuant to this section is a final order for purposes of judicial review.
(f) Stop Work Orders. Persons receiving a stop work order will be required to halt all construction activities. This “stop work order” will be in effect until the City authorized agent confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(g) Penalties Subsequent to Issuance of Stop Work Order. Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
(1) If the earth disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the City shall apply.
(2) The authorized agent(s) on behalf of the City may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The authorized agent(s) may request the City Prosecutor to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines or any other relief the court determines.
(h) Schedule of Fees. The City shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be posted at the applicable City offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(i) Complaints. The City authorized agent(s) shall investigate any complaint related to earth disturbing activities covered by this chapter.
(j) Violations.
(1) No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter.
(2) Notice of violation. When the City determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
A. The name and address of the owner or applicant;
B. The address when available or a description of the building, structure or land upon which the violation is occurring;
C. A statement specifying the nature of the violation;
D. A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
E. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
F. A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen days of service of notice of violation.
(k) Penalties.
(1) Violation of any provision of this chapter or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense.
(2) Upon notice from the City and/or its authorized agent, that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City, by or through the City Prosecutor, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(l) Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(m) Holds on Occupancy Permits. Occupancy permits will not be granted until corrections to all storm water practices have been made and accepted by the City authorized agent.
(Ord. 5973. Passed 2-20-07.)