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419 manner as determined by the decision of the City Manager or by the expiration of the
<br />420 time in which to file an appeal, the amount due shall constitute a lien upon, and the City
<br />421 shall have the right to assess such cost against the property owned by such violator (s)
<br />422 pursuant to Minnesota Statute § 429.101.
<br />423 5. Injunctive Relief It shall be unlawful for any person to violate any provision or fail to
<br />424 comply with any of the requirements of this Ordinance. If a person has violated or
<br />425 continues to violate the provisions of this ordinance, the City may petition for a
<br />426 preliminary or permanent injunction restraining the person from activities which would
<br />427 create further violations or compelling the person to perform abatement or remediation of
<br />428 the violation.
<br />429 6. Compensatory Action.- In lieu of enforcement proceedings, penalties, and remedies
<br />430 authorized by this Ordinance, the City may impose upon a violator alternative
<br />431 compensatory action such as storm drain stenciling, attendance at compliance workshops,
<br />432 creek cleanup, etc.
<br />433 7. Violations Deemed a Public Nuisance.- In addition to the enforcement processes and
<br />434 penalties provided, any condition caused or permitted to exist in violation of any of the
<br />435 provisions of this Ordinance is a threat to public health, safety, and welfare, and is
<br />436 declared and deemed a nuisance,, and may be summarily abated or restored at the
<br />437 violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
<br />43 8 cessation of such nuisance may be taken.
<br />439 8. Criminal Prosecution.- A violation of this ordinance is a misdemeanor.
<br />440 9. Costs and Expenses.- The City may recover all attorney's fees,, court costs, staff expenses,
<br />441 clean-up costs, and any other expenses associated with enforcement of this ordinance
<br />442 including, but not limited to, sampling and monitoring expenses.
<br />443 10. Remedies Not Exclusive.- The remedies listed in this ordinance are not exclusive of any
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<br />447
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<br />452
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<br />454
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<br />456
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<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 />1111 ��� i i 11 1111111 ILIA I mill a
<br />A. Purpose: TheDurDose 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 />. Except as, exempted by the definition of the term "land disturbance act ivily" in
<br />B Scope . .
<br />Section 803.04 C7, any perslon, entity, state agency, or political subdivision thereof
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<br />proposing land disturbance activily within the Cily shall qpply to the Cily 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 />I . Best Management Practice (BMP)-. Erosion and sediment control and water aualit
<br />management practices, that are the most effective and practicable means, of control
<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
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<br />management practices by state or designated area-lwide planning agencies.
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