(a) The City Engineer shall be responsible for determining whether the Storm Water Management Plan is in conformance with requirements specified in this chapter and whether development is proceeding in accordance with the approved Storm Water Management Plan. Periodic inspection of the development site shall be made by the City Engineer to ensure that the Storm Water Management Plan is properly implemented.
(b) The City Engineer and other duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation and measurement, in accordance with the provisions of this Chapter.
(c) In the event that work performed does not conform to the provisions of the approved Storm Water Management Plan and specifications, a written notice to comply shall be served upon the owner or developer. Such notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with such notice shall result in the issuance of a stop-work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation the stop-work order shall be voided and construction may resume.
(d) In the event of continued violation of the approved Stormwater Management Plan, a public hearing on the matter shall be conducted by Council. Written notice of such hearing shall be served upon the owner or developer by registered mail, and shall state:
(1) The grounds for complaint.
(2) The time and place such hearing is to be held.
(e) Such notice shall be served at least fifteen days prior to the date set for the hearing. At any such hearing, the owner or developer shall be given an opportunity to be heard and he may call witnesses and present evidence on his behalf. After such hearing, if Council concludes that the issuance of additional correction notices would be futile, any deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Stormwater Management Plan as approved, and/or all certificates and permits of the applicant will be nullified for that site. Additional costs associated with the completion or implementation of the stormwater plan shall be assessed to the owner or developer.
(Ord. 03-2004. Passed 7-13-04; Ord. 12-2010. Passed 4-27-10.)