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04-10-2023 Council Packet
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04-10-2023 Council Packet
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<br /> <br /> <br /> Created: 2022-07-19 16:13:06 [EST] <br />(Supp. No. 20, Update 2) <br /> <br />Page 9 of 10 <br />Sec. 79-11. Emergency corrective action. <br />In the event circumstances exist such that noncompliance poses an immediate danger to the public health, <br />safety and welfare, as determined by the city, the city may take emergency corrective action to prevent any such <br />danger. The city shall make a reasonable effort to contact and direct the owner to take any necessary action. Any <br />costs incurred by the city in connection with any emergency action may be recovered from the owner's financial <br />security. <br />(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) <br />Sec. 79-12. Penalties. <br />When an owner fails to conform to any provision of this chapter, the city may take the following actions: <br />(1) Issue a stop work order. <br />(2) Withhold the scheduling of building inspections. <br />(3) Withhold the issuance of a certificate of occupancy. <br />(4) Revoke any permit issued by the city for the site in question. <br />(5) Direct the correction of the deficiency by city employees or assigns. All costs incurred by the city in <br />correcting erosion and sediment control deficiencies must be reimbursed by the owner. <br />(6) Action against the financial security. If appropriate actions by the owner have not been completed <br />within seven days after notification by the city, the city may act against the financial security if any of <br />the conditions listed below exist. The city shall use funds from this security to finance any corrective or <br />remedial work undertaken by the city or a contractor under contract to the city and to reimburse the <br />city for all direct cost incurred in the process of remedial work including, but not limited to, staff time, <br />consultant's time, and attorney's fees. <br />a. The owner ceases land disturbing activities and/or filling and abandons the work site prior to <br />completion of the city approved grading plan. <br />b. The owner fails to conform to any city approved grading plan and/or stormwater pollution <br />prevention plan as approved by the city, or related supplementary instructions. <br />c. The techniques utilized under the stormwater pollution prevention plan fail within one year of <br />installation. <br />d. The owner fails to reimburse the city for corrective action taken under section 79-12(5). <br />e. Emergency action as described in section 79-11. <br />(7) An owner failing to comply with or violating any of these regulations, shall be deemed guilty of a <br />misdemeanor and subject to a fine or imprisonment or both. If more than one person is an owner, <br />each person is responsible for compliance with these regulations. Each day that a separate violation <br />exists constitute a separate offense. <br />(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010) <br />Sec. 79-13. Other controls. <br />In the event of any conflict between other ordinances adopted by the city council, the more restrictive <br />standard prevails.
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