The Superintendent of City Services, or his or her representative, in his or her sole discretion, may require that all work on a site which is being performed contrary to the provisions of these regulations or is being performed in an unsafe or dangerous manner, be immediately stopped. The Superintendent of City Services, or his or her representative, may issue a stop-work order for the entire project, or any specified part thereof, if any of the following conditions exist:
(A) Any land disturbance activity regulated under these regulations is being undertaken without a permit;
(B) The erosion and sediment control plan is not being fully implemented;
(C) Any of the conditions of the permit are not being met;
(D) The work is being performed in a dangerous or unsafe manner; or
(E) Entry is refused to allow inspection.
(1) The stop-work order shall be in writing and shall be posted and served upon the permittee, as provided below. In addition a copy of the stop-work order may be given to any person in charge of, or performing work on drainage improvements in the development, or to an agent of any of the foregoing. The stop-work order shall state the conditions under which work may be resumed. No person shall continue any work after having been served with a stop-work order, except such work as is directed to be performed to remove a violation or dangerous or unsafe condition, as provided in the order.
(2) For the purposes of this section, a stop-work order is validly posted by posting a copy of the stop-work order on the site of the land disturbing activity in reasonable proximity to a location where the land disturbing activity is taking place. A copy of the order, in the case of work for which there is a permit, shall be mailed by first class mail, postage pre-paid, to the address listed by the permittee on the permit. In the case of work for which there is no permit, a copy of the order shall be mailed to the person to whom real estate taxes are assessed, or if none, to the taxpayer shown by the records of the County Assessor.
(3) If the permittee does not immediately cease land disturbance activity upon posting of the stop-work order or comply with the erosion and sediment control plan or permit conditions within 1 day, the Superintendent, or his or her representative, may revoke the permit.
(4) If the owner or land user where no permit has been issued, does not cease the land disturbance activity, the issuing authority may request the City Attorney to obtain injunctive relief and/or a fine.
(5) Five days after posting a stop-work order, the Superintendent of City Services, or his or her representative, may issue a notice to the owner and permittee of the city's intent to perform the work necessary to prevent erosion and institute sediment control. The city, or its representatives, may go on the land and commence work after 7 days from issuing the notice. The costs incurred by the city, or its representative, to perform this work shall be paid by the owner or permittee. In the event no permit was issued, the costs, plus a reasonable administrative fee, shall be billed to the owner.
(6) Compliance with the provisions of these regulations may be enforced by injunction and/or fines.
(Ord. 2009-12, passed 3-23-2009)