(A) Application. The district shall determine the average annual soil loss in tons per acre per year for the tract of land cited in the complaint.
(B) Entry for inspection. The district may enter public or private land to make an inspection to determine soil loss or to complete the report. The land occupier must be notified of the time of the inspections and be given an opportunity to be present when the inspection is made.
(1) The land occupier shall be notified of the time of inspection ten days prior to the date of the inspection.
(2) The notice shall be delivered either by personal service or by certified mail.
(3) If the owner of the property and the occupier of the residence differ, both shall receive notification under the procedure stated above.
(C) Report. The district shall submit a report to the city that states the average soil loss in tons per acre per year for each tract of land and whether that soil loss is excessive under the applicable soil loss limits.
(1) If the soil loss is excessive, the report must include identification of existing farming practices and a preliminary conservation plan and time schedule that will prevent excessive soil loss.
(2) If the district report shows that soil loss from the tract of land is equal to or below the soil loss tolerance for that soil series, the city may dismiss the complaint and notify the land occupier.
(Ord. 30, passed 1-20-1990)