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to the amount of the costs within 7 days. If the amount due is not paid within a timely <br /> manner as determined by the decision of the City Manager or by the expiration of the <br /> time in which to file an appeal, the amount due shall constitute a lien upon, and the City <br /> shall have the right to assess such cost against the property owned by such violator(s) <br /> pursuant to Minnesota Statute § 429.101. <br /> 5. Injunctive Relief: It shall be unlawful for any person to violate any provision or fail to <br /> comply with any of the requirements of this Ordinance. If a person has violated or <br /> continues to violate the provisions of this ordinance, the City may petition for a <br /> preliminary or permanent injunction restraining the person from activities which would <br /> create further violations or compelling the person to perform abatement or remediation of <br /> the violation. <br /> 6. Compensatory Action: In lieu of enforcement proceedings,penalties, and remedies <br /> authorized by this Ordinance, the City may impose upon a violator alternative <br /> compensatory action such as storm drain stenciling, attendance at compliance workshops, <br /> creek cleanup, etc. <br /> 7. Violations Deemed a Public Nuisance: In addition to the enforcement processes and <br /> penalties provided, any condition caused or permitted to exist in violation of any of the <br /> provisions of this Ordinance is a threat to public health, safety, and welfare, and is <br /> declared and deemed a nuisance, and may be summarily abated or restored at the <br /> violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the <br /> cessation of such nuisance may be taken. <br /> 8. Criminal Prosecution: A violation of this ordinance is a misdemeanor. <br /> 9. Costs and Expenses: The City may recover all attorney's fees, court costs, staff expenses, <br /> clean-up costs, and any other expenses associated with enforcement of this ordinance <br /> including,but not limited to, sampling and monitoring expenses. <br /> 10. Remedies Not Exclusive: The remedies listed in this ordinance are not exclusive of any <br /> other remedies available under any applicable federal, state or local law and it is within <br /> the discretion of the City to seek cumulative remedies. <br /> (Ord. 1388, 2-22-2010) <br /> 803.04: EROSION AND SEDIMENTATION CONTOL: <br /> A. Purpose: The purpose of this article is to control or eliminate soil erosion and sedimentation <br /> resulting from construction activity within the City. This article establishes standards and <br /> specifications for conservation practices and planning activities that minimize soil erosion <br /> and sedimentation. <br /> B. Scope: Except as exempted by the definition of the term "land disturbance activity" in <br /> Section 803.04 C7, any person, entity, state agency, or political subdivision thereof <br /> proposing land disturbance activity within the City shall apply to the City for the approval <br /> of the erosion and sediment control plan. No land shall be disturbed until the plan is <br /> approved by the City and conforms to the standards set forth in this article. <br /> C. Definitions: The following words, terms and phrases, when used in this article, shall have <br /> the meanings ascribed to them in this section, except where the context clearly indicates a <br /> different meaning: <br /> 1. Best Management Practice (BMP): Erosion and sediment control and water quality <br /> management practices that are the most effective and practicable means of controlling, <br /> preventing, and minimizing the degradation of surface water, including construction- <br /> phasing, minimizing the length of time soil areas are exposed, prohibitions, and other <br />