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§ 153.222 ADDITIONAL REQUIREMENTS.
   (A)   It shall be the responsibility of the grading permit holder to attain the approval of all required agencies for the crossing of any waterway associated with any grading project, (i.e., the State DENR, Corp of Engineers, FEMA, and the like).
   (B)   ECPs and SWPPPs must be maintained on the site during the progress or the work.
   (C)   If control measures implemented do not achieve stabilization, the permit holder may be required to submit an updated SWPPP or may be required to submit a ECP prepared by a qualified state-licensed professional engineer.
   (D)   The city’s authorized representative may enter on to the site to make inspections as needed.
§ 153.223 STOP WORK ORDER.
   (A)   Whenever the City Engineer, the City Building Official, or his or her designee finds a site maintained contrary to the provisions of this chapter, the City Engineer, the Building Inspector, or his or her designee is authorized and directed to issue a stop work order for the site.
   (B)   Any stop work order shall be in writing and issued to the permittee or assigned contractor. Upon issuance the cited work shall immediately cease. The stop work order shall state the reasons for the order and the conditions under which the cited work will be permitted to resume.
   (C)   Any person who shall continue any work after having been served a stop work order, except for the work required by the order, shall be considered to be in violation of this chapter and subject to any applicable penalty set forth herein.
§ 153.999 PENALTY.
   (A)   Any violation of the provisions of this chapter is a Class II misdemeanor punishable by the maximum punishment set forth by the state's laws pursuant to SDCL § 22-6-2. Said punishment may also include payment of any costs and/or restitution authorized by this chapter and/or state law. Additionally, the city may enforce these ordinances with the imposition of a civil penalty for violations, including any violations for failing to timely obtain proper permitting, with a fine as established by the Board of Commissioners by resolution, which may from time to time be amended.
   (B)   In addition to the general penalty as stated above, any cleanup required by the city for the removal of mud tracked onto the street from the site, extra cleaning of the storm sewers or drainage ways, and the like, will be charged to the permit holder at a rate of one and one-half times the normal equipment rates and labor rate for the city.
   (C)   Failure to pay any applicable fees within 30 days of said notice may result in the revocation of any and all outstanding permits and licenses held through the city.
   (D)   In addition, any violation of the provisions of this chapter may result in the revocation, suspension, or refusal to issue any license pursuant to any section of this chapter.
   (E)   In addition, any person who commences any work toward erecting or constructing a building or structure or causes any alterations to an existing building or structure which requires a building permit under the terms of this chapter before obtaining the necessary permit shall be subject to an additional fee equal to the amount of the permit fee required by this chapter.
(Ord. 2023-18, passed 12-7-2023)