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1. All inspections required under this chapter shall be conducted by a designated person from the City, hereinafter referred to as the “enforcement officer.”
2. The applicant shall notify the City when all measures required by applicant’s SWPPP have been accomplished on-site; whereupon, the City shall conduct an inspection for the purpose of determining compliance with this chapter and shall, within a reasonable time thereafter, report to the applicant either that compliance appears to have been achieved, or that compliance has not been achieved, in which case the City shall provide a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this chapter.
3. Unless otherwise approved by the City, construction shall not occur on the site at any time when the City has identified conditions of noncompliance.
4. Unless approved by the City, construction activities undertaken by an applicant prior to resolution of all discrepancies specified in the written report shall constitute a violation of this chapter.
5. The City shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
1. Upon issuance of a CSR permit, the applicant has an absolute duty to monitor site conditions and to report to the enforcement officer any change of circumstances or site conditions which the applicant knows or should know pose a risk of storm water discharge in a manner inconsistent with applicant’s SWPPP, NPDES General Permit #2 and/or CSR permit.
2. Such report shall be made by the applicant to the enforcement officer immediately upon knowledge of site condition changes, but in any event within 24 hours of the change of circumstances or site conditions.
3. Failure to make a timely report shall constitute a violation of this chapter.
4. Any third party may also report to the City site conditions which the third party reasonably believes pose a risk of storm water discharge in a manner inconsistent with applicant’s SWPPP, NPDES General Permit #2, and/or CSR permit.
5. Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter may issue a written stop work order to the applicant, directing the applicant to take no further action with respect to the SWPPP, NPDES General Permit #2, and/or CSR permit, other than corrective action provided for herein. The enforcement officer shall provide the applicant with a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in subsection 6 of this section.
6. The enforcement officer shall conduct at least one unannounced inspection during the course of construction to monitor compliance with the NPDES General Permit #2 and the CSR permit. If the inspection discloses any noncompliance, the enforcement officer shall provide the applicant with a written report identifying the conditions of noncompliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this chapter, whereupon the enforcement officer shall immediately commence enforcement actions specified in this subsection.
7. The City shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
Violation of this chapter may be enforced by civil action including an action for injunctive relief. Violation of any provision of this chapter will be enforced as a municipal infraction or environmental infraction pursuant to Chapter 3 of this Code of Ordinances.
Administrative decisions by City staff and enforcement actions of the enforcement officer may be appealed by the applicant . The Tree and Storm Water Advisory Board, in regular or special session, shall hear and decide appeals under this chapter in the same manner and under the same authority and limitations established for this Board to hear and decide appeals under Chapter 156. See Section 156.22.
(Ord. 2016-17 - May 17 Supp.)