§ 54.12 NOTIFICATION OF FAILURE OF THE PLAN.
   The city shall notify the permit holder of the failure of the erosion prevention and sediment control plan's measures.
   (A)   Initial contact. The initial contact will be with the party or parties listed on the application and/or the plan's contacts. Twenty-four hours after notification, the city, at its discretion, may begin corrective work as necessary. The city shall first attempt to provide notification in writing. If initial notification is verbal, it shall immediately be followed by a written notification. It is the responsibility of the permit holder to have a designated person available at all times for purposes of notification within the above-stated, 24-hour period.
   (B)   Erosion off-site. If sediment breaches the perimeter of the site, the permittee shall immediately develop and implement a cleanup and restoration plan within 24-hours of obtaining the adjoining property owner's permission. If, after making a good-faith effort to notify the adjoining property owner, the developer has been unable to establish contact, the responsible party may proceed with corrective work. If, at the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly.
   (C)   Erosion into streets, wetlands or water bodies. If eroded soil (including tracked soils from construction activities) enters streets, wetlands or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
   (D)   Failure to do corrective work. When an applicant fails to conform to any provision of this chapter within the time stipulated, the city may take the following actions, but are not limited to:
      (1)   Issuing a stop-work order, withholding the scheduling of inspections, and/or the issuance of a certificate of occupancy.
      (2)   Revoking any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction.
      (3)   Correcting the deficiency or hiring a contractor to correct the deficiency.
      (4)   Requiring reimbursement to the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after the city incurs costs, the city will halt all work on the project site and assess any reimbursement costs to the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081 to challenge the amount or validity of assessment.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016) Penalty, see § 54.98