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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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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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12/13/2010 9:12:40 AM
Creation date
2/27/2008 4:14:53 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/8/2004
Ord-Res Number
9543-04
Bill Number
79-04
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working days past the notification of a first violation, the condition or conditions <br />constituting the first violation remain uncorrected or otherwise not compliant with <br />the requirements, provisions or regulations of this ordinance. Upon ascertaining and <br />documenting the occurrence of a second violation at a project site, the City or <br />designated representative will again issue anon-compliance citation to the <br />owner/developer along with a notice that the correction must be accomplished within <br />five (5) calendar days from the date of the citation to prevent the citation of a third <br />violation regarding the same condition. The civil penalty for the citation of a second <br />violation will be Two Hundred and Fifty Dollars ($250.00). If the penalty is not paid <br />within thirty (30) days, the citation may be enforced in Court by any remedy allowed <br />by Law and an action may be maintained to recover the costs of corrective measures <br />employed by the City, if the owner/developer does not make a good faith effort to <br />correct the violation, in addition to the fine or penalty referred to above. <br />3. Third Violation -means the determination that after five (5) working <br />days past the notification of a second violation, the condition or conditions <br />constituting the second violation remain uncorrected or otherwise noncompliant with <br />the requirements, provisions, or regulations of the ordinance. Upon ascertaining and <br />documenting the occurrence of a third violation at a project site, the City will issue <br />another non-compliance citation to the owner/developer together with a notice that <br />the project site is subject to an immediate "Stop Work" order. The civil penalty for <br />a third violation will be no less than Five Hundred Dollars ($500.00). If the penalty <br />is not paid within thirty (30) days, the citation may be enforced in Court by any <br />remedy allowed by Law and an action may be maintained to recover the costs of <br />corrective measures employed by the City, if the owner/developer does not make a <br />good faith effort to correct the violation, in addition to the fine or penalty referred to <br />above. <br />(b) Stop Work orders will not be rescinded until all recommended corrective <br />measures have been completed and the City has been paid for all costs incurred, as applicable. <br />(c) The City reserves the right to accelerate the schedule assigned in this section for <br />correcting a violation if required to protect life or property from an eminent and severe threat of loss <br />or damage. <br />(d) The City may perform, or cause to be performed, such work as is necessary to <br />accomplish corrective measures at a project site by their own forces or by a contractor hired to <br />perform the work. <br />(e) Any project site owner, individual lot operator, contractor, subcontractor, property <br />owner, or other person or persons responsible for construction activities at a project site who violate <br />the terms, requirements, provisions, or regulations of this ordinance are liable for the costs of <br />removal of sediment and other storm water pollutants deposited in any right-of-way, drain, storm <br />sewer, drainage easement, or City maintained or controlled property to a condition equal to or better <br />than the condition prior to a violation. Such costs may be pursued in Court and/or filed as a lien <br />against the property as allowed by State law. <br />
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