9543-04 Amend the Municipal Code book - Adding new article 12, to Chapter 17 - Regulating Storm Water Discharges from Construction sites

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working days past the notification of a first violation, the condition or conditions constituting the first violation remain uncorrected or otherwise not compliant with the requirements, provisions or regulations of this ordinance. Upon ascertaining and documenting the occurrence of a second violation at a project site, the City or designated representative will again issue anon-compliance citation to the owner/developer along with a notice that the correction must be accomplished within five (5) calendar days from the date of the citation to prevent the citation of a third violation regarding the same condition. The civil penalty for the citation of a second violation will be Two Hundred and Fifty Dollars ($250.00). If the penalty is not paid within thirty (30) days, the citation may be enforced in Court by any remedy allowed by Law and an action may be maintained to recover the costs of corrective measures employed by the City, if the owner/developer does not make a good faith effort to correct the violation, in addition to the fine or penalty referred to above. 3. Third Violation -means the determination that after five (5) working days past the notification of a second violation, the condition or conditions constituting the second violation remain uncorrected or otherwise noncompliant with the requirements, provisions, or regulations of the ordinance. Upon ascertaining and documenting the occurrence of a third violation at a project site, the City will issue another non-compliance citation to the owner/developer together with a notice that the project site is subject to an immediate "Stop Work" order. The civil penalty for a third violation will be no less than Five Hundred Dollars ($500.00). If the penalty is not paid within thirty (30) days, the citation may be enforced in Court by any remedy allowed by Law and an action may be maintained to recover the costs of corrective measures employed by the City, if the owner/developer does not make a good faith effort to correct the violation, in addition to the fine or penalty referred to above. (b) Stop Work orders will not be rescinded until all recommended corrective measures have been completed and the City has been paid for all costs incurred, as applicable. (c) The City reserves the right to accelerate the schedule assigned in this section for correcting a violation if required to protect life or property from an eminent and severe threat of loss or damage. (d) The City may perform, or cause to be performed, such work as is necessary to accomplish corrective measures at a project site by their own forces or by a contractor hired to perform the work. (e) Any project site owner, individual lot operator, contractor, subcontractor, property owner, or other person or persons responsible for construction activities at a project site who violate the terms, requirements, provisions, or regulations of this ordinance are liable for the costs of removal of sediment and other storm water pollutants deposited in any right-of-way, drain, storm sewer, drainage easement, or City maintained or controlled property to a condition equal to or better than the condition prior to a violation. Such costs may be pursued in Court and/or filed as a lien against the property as allowed by State law.