(a) If the authorized enforcement official believes that work has been performed on a priority development project or land disturbance activities on a construction project have been performed without first obtaining a Standard SWQMP, PDP SWQMP, SWPPP or other plan required by this Chapter and any violation of one or more conditions contained in such a plan where the violation results in or threatens to result in the discharge of pollutants in stormwater or a prohibited, non-stormwater discharge to the stormwater conveyance system or receiving waters, he or she may deliver to the owner of the property upon which the activity occurred a Notice of Intent to File a Notice of Ineligibility for Land Development with the Departments of Planning and Development Services and Public Works. The notice of intent shall be either served upon the owner personally or be both mailed (via certified mail, return receipt requested) to the owner at the address shown on the most recent tax assessment records and posted on the property. The notice of intent shall state the authorized enforcement official's intention to file the Notice of Ineligibility for Land Development, and shall fix a location, time and date (which shall not be less than fifteen days after the delivery of the notice), at which the authorized enforcement official will hold a hearing at which the owner may submit to the authorized enforcement official written comments or reasons why a Notice of Ineligibility for Land Development should not be filed. The authorized enforcement official shall hold the hearing at the appointed time, shall consider any information provided by the owner, and shall determine whether a violation occurred, whether it has been remedied, and whether to file a Notice of Ineligibility for Land Development.
(b) If the authorized enforcement official files a Notice of Ineligibility for Land Development, and for so long as said notice remains in effect, no application for a building permit, administrative permit, site plan, use permit, variance, tentative parcel map, tentative map, parcel map or final map or any other permit for the development of the subject property shall be approved. All such applications shall be denied, and the authorized enforcement official receiving such an application shall not be required to undertake further review of the application. The "subject property" shall be deemed to include the lot or parcel on which the violation occurred, together with all adjacent parcels owned by the same person or entity or which are part of a common plan of development. The Notice of Ineligibility for Land Development shall remain in effect until the authorized enforcement official files a "Release of Notice of Ineligibility for Land Development," which the authorized enforcement official shall file when the Standard SWQMP, PDP SWQMP, SWPPP or other plan as required by this Chapter has been obtained, and that all necessary BMPs, pollution prevention practices and other site conditions or activities have been inspected and approved in writing by the authorized enforcement official as being in compliance with the requirements of this Chapter.
(Added by Ord. No. 10385 (N.S.), effective 6-12-15; amended by Ord. No. 10410 (N.S.), effective 2-26-16)