A. Guidance Manual. The Director of Community Development shall provide a guidance manual to serve as a resource of information and direction in preparing a compliance plan for City review and approval. The guidance manual shall be available at City Hall and posted on the City's website. The property owner or other responsible party may utilize the manual to submit a compliance plan. However, the property owner or other responsible party is not limited to the control measures outlined in the manual, as they can propose alternate devices of equal effectiveness.
B. Notice. The affected property owners will be notified in writing that their property qualifies under the Vacant Parcel Ordinance. The notice shall include the City's guidance manual. Furthermore, the notice shall state their obligations, as responsible property owners, to submit a compliance plan, construct the improvements (once approved by the City), and maintain their property in a condition consistent with the approved compliance plan. All actions must be completed by the established deadlines.
C. Compliance Plan.
1. Applicability. For vacant parcels that are equal to or greater than 43,560 square feet (one acre or more), the property owner or other responsible party shall submit a compliance plan following the guidance manual for City review and approval.
2. Required Components.
a. Sediment Control Measures. The compliance plan must incorporate measures to control sediment. The plan may include the devices listed in the guidance manual or can propose alternate devices of equal effectiveness.
b. Maintenance Plan. The compliance plan must also include a maintenance section detailing procedures to ensure soil erosion and sediment control measures are in proper working condition indefinitely. The guidance manual contains procedures for proper maintenance of various types of soil erosion and sediment control measures.
3. Evaluation. The compliance plan will be reviewed by the City's stormwater consulting firm. The guidance manual shall serve as the standard for review.
D. Time Frame for Compliance. Regardless of whether the compliance plan is approved or disapproved by the Director, the property owner shall bring the parcel into compliance by installing devices consistent with the guidance manual, no later than 180 days from the date of the original mailing or posting, unless additional time is granted by the director. Any request for additional time shall be made in writing, shall include agreement to comply with the requirements of this section, shall provide justification for the request, shall state an estimated completion date, and shall be signed by the property owner(s).
E. Maintenance, Inspections, and Corrections.
1. The property owner or other responsible party shall conduct proper maintenance of soil erosion and sediment control measures as defined in the approved compliance plan. Additionally the property owner shall not create a nuisance as defined in SHMC Chapter 8.12.
2. The Director shall conduct annual or as necessary inspections of the parcels subject to this section to ensure proper installation and maintenance of the soil erosion and sediment control measures in the approved compliance plan.
3. Adequate maintenance of soil erosion and sediment control measures identified in the approved compliance plan shall be determined by the Director following inspections. Vacant parcels will be determined to be in compliance with this section by inspection of soil erosion and sediment control measures which must be maintained to the standards described in the approved compliance plan.
4. If the vacant parcel is not in compliance, property owners will be notified in writing that corrective actions are required. The property owner or other responsible party shall be required to address corrective actions by:
a. Fixing or replacing the existing soil erosion and sediment control measures on the approved compliance plan; and
b. Submitting an amendment to the previously approved compliance plan to propose additional measures or new replacement measures.
5. If, subsequent to such notification of corrective actions, the Director determines that any vacant parcel has become non-compliant with this section, improperly operated and maintained, or that the use of the parcel has changed significantly, the Director may require a new compliance plan, which shall require the property owner to complete repairs of damaged or deteriorated soil erosion and sediment control measures.
F. Penalties.
1. Any property owner failing to submit a compliance plan as required by this chapter shall be considered in violation and is subject to enforcement pursuant to Section 12.16.120(B).
2. Any property owner failing to construct the improvements contained on an approved compliance plan within the required period shall be considered in violation and is subject to enforcement pursuant to Section 12.16.120(B).
3. Any property owner failing to maintain both their property and site improvements in a condition consistent with an approved compliance plan, or in a condition that is otherwise in violation of any section of this chapter, shall be considered in violation and is subject to enforcement pursuant to Section 12.16.120(B).
(Ord. 2017-09-1495, § 2)