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1017.07: MODIFICATION OF PLAN: An approved erosion and sediment control plan may be modified on submission of an application for modification to the City and subsequent approval by the City Engineer. In reviewing such application, the City Engineer may require additional reports and data. 1017.08: ESCROW REQUIREMENT: After approval of an erosion and sediment control plan, the City shall require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, and maintenance of the erosion and sediment control plan and practices. Escrow amounts shall be set from time to time by the City Council. Upon project completion, the remaining escrow shall be returned to the Pennittee. 1017.09: EROSION AND SEDIMENT CONTROL PERMIT ENFORCEMENT: The City shall notifY the Pennittee when the City is going to act on the financial securities part of this ordinance. I) Notification by the City. The initial contact will be to a party or parties listed on the application and/or the storm water pollution control plan. Forty-eight (48) hours after notification by the City or seventy- two (72) hours after the failure of erosion control measures, whichever is less, the City, at its discretion, may begin corrective work. 2) Erosion Off-Site. If erosion breaches the perimeter of the site, the Permittee shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner(s), and implement the cleanup and restoration plan within forty-eighty (48) hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the City, shall more than seven (7) calendar days go by without corrective action being taken. If, in the discretion of the City, the Permittee does not repair the damage caused by the erosion, the City may do the remedial work required and charge the cost to the Permittee. 3) Erosion into Streets, Wetlands or Water Bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate and entirely at the expense of the Permittee. The Pennittee shall also pay all costs associated with traffic control and flagging required to protect the traveling public during the cleanup operations. 4) Failure to Do Corrective Work. When an Permittee fails to confonn to any provision of this policy within the time stipulated, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance ofa Certificate of Occupancy. b. Revoke any permit issued by the City to the Permittee for the site in question or any other of the Pennittee's sites within the City's jurisdiction. c. Direct the correction of the deficiency by City forces or by a separate contract. The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. d. All costs incurred by the City in correcting erosion and sediment control deficiencies shall be reimbursed by the Permittee. Ifpayment is not made within thirty (30) days after costs are incurred by the City, payment will be made from the Permittee's financial securities, as described in Section 1017.08 of this Ordinance. e. If there is an insufficient financial amount in the Permittee's financial securities as described in Section 1017.08 ofthis Ordinance to cover the costs incurred by the City then the City may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount ofthe proposed assessment and waive all rights by virtue of Minnesota Statues 429.081 to challenge the amount of validity of assessment.