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<br />(B) Warning letter. If, upon inspection by the city, the applicant fails to implement the erosion and sediment <br />control practices outlined in the approved stormwater pollution prevention plan, the city will notify the <br />applicant of noncompliance and a timeline for completion of any work to bring the site into compliance. <br /> <br />(C) Action against the financial security. If appropriate actions by the applicant 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 city <br />for all direct cost incurred in the process of remedial work, including but not limited to staff time and <br />attorneyÓs fees: <br /> <br />(1) The applicant ceases land-disturbing activities and/or filling and abandons the work site prior to <br />completion of the city-approved grading plan; <br /> <br />(2) The applicant fails to conform to any city-approved grading plan and/or the stormwater pollution <br />control plan as approved by the city, or related supplementary instructions; <br /> <br />(3) The techniques utilized under the stormwater pollution control plan fail within one year of <br />installation; <br />(4) The applicant fails to reimburse the city for corrective action taken under § 155.16; or <br /> <br />(5) Emergency action under either part (D). <br /> <br />(D) Emergency action. If circumstances exist such that noncompliance with this chapter poses an immediate <br />danger to the public health, safety and welfare, as determined by the city, the city may take emergency <br />preventative action. The city shall also take every reasonable action possible to contact and direct the <br />applicant to take any necessary action. Any cost to the city may be recovered from the applicantÓs <br />financial security. <br /> <br />Penalty, see § 155.99 <br /> <br />Ord. #79, adopted 03/09/2005 <br /> <br />§ 157.99 PENALTY. <br /> <br /> Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor <br />and a separate offense shall be deemed committed on each day during or on which a violation occurs or <br />continues. <br /> <br />Ord. #79, adopted 03/09/2005 <br />410 |Page <br /> <br />