§ 53.08  NOTIFICATION OF FAILURE OF THE STORM WATER POLLUTION CONTROL PLAN.
   (A)   Generally.  The city shall notify the developer, when the city is going to act on the financial securities part of this chapter.
   (B)   Notification by the City of Waverly.  The initial contact will be to a party or parties listed on the application and/or the storm water pollution control plan. Forty-eight hours after notification by the city or 72 hours after the failure of erosion control measures, whichever is less the city, at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical.
   (C)   Erosion off-site.  If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner’s permission. In no case, unless written approval is received from the city, shall more than seven calendar days go by without corrective action being taken. If in the discretion of the city, the applicant does not repair the damage caused by the erosion, the city may do the remedial work required and charge the cost to the applicant.
   (D)   Erosion into streets, wetlands or water bodies.  If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
   (E)   Failure to do corrective work.  When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions:
      (1)   Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy.
      (2)   Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant’s sites within the city’s jurisdiction.
      (3)   Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control.
      (4)   All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applicant. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant’s financial securities as described in § 53.07.
      (5)   If there is an insufficient financial amount, in the applicant’s financial securities as described in § 53.07, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081, as it may be amended from time to time, to challenge the amount or validity of assessment.
(Ord. 01-01, passed 4-10-01)