§ 150.09 NOTICE OF EXCESSIVE SOIL LOSS.
   (A)   Notice. The city shall issue a notice of excessive soil loss to the land occupier. This notice shall:
      (1)   Describe the land and state the extent to which soil loss exceeds the soil loss limits;
      (2)   Be delivered by either personal service or by certified mail; and
      (3)   State a time, no more than 90 days after the date of delivery of the order, by which mediation must be commenced.
   (B)   Appointment of mediator. The city may appoint the Planning and Zoning Director, a Planning Commissioner, or other city official to act as mediator. The city may also contract with a mediation center to provide mediation services.
   (C)   Settlement. The land occupier and the city must attempt to agree on a conservation plan and time schedule that will reduce soil loss to the local soil loss limits.
   (D)   Filing of settlement. A mediated settlement must be approved by the local government and the land occupier, put in writing, and filed with the county.
   (E)   Cost-share funds. The land occupier has 90 days after the settlement is filed to apply for state cost-share funds that will provide 75% of the cost of the permanent conservation practices. Only 50% cost-share may be provided if the application is not made within 90 days after the settlement is filed. The land occupier must apply for 50% cost-share within 270 days after the mediated settlement is filed.
(Ord. 30, passed 1-20-1990)