2016-04-26_PWETC_AgendaPacket - Laserfiche WebLink

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Permittee. L Enforcement: If the City determines the erosion and sedimentation control is not being implemented or maintained according to the approved plan,the Permittee will be notified and provided with a list of corrective work to be performed.The corrective work shall be completed by the Permittee within forty-eight(48)hours after notification by the City. Notification may be given by: a. Personal delivery upon the Permittee,or an officer,partner,manager or designated representative of the Permittee. b. E-mail or facsimile by sending such notice to the e-mail address or facsimile number provided by the Permittee. 1. Failure to Do Corrective Work: If a Permittee fails to perform any corrective work or otherwise fails to conform to any provision of this ordinance within the time stipulated,the City may take any one or more of the following actions: a. Issue a stop work order whereupon the Permittee shall cease all land disturbance activity on the site until such time as the City determines the corrective measures that are necessary to correct the conditions for which the stop work order was issued. Once the necessary corrective actions have been determined the Permittee shall perform the corrective work. All corrective work must be completed before further land disturbance activity will be allowed to resume. b. Complete the corrective work using City forces or by separate contract. The issuance of a land disturbance permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of completing the corrective work. c. Impose a monetary fine in an amount equal to twice the required permit fee. d. Charge the Permittee for all staff time expended and costs incurred by the City to: i. perform any corrective work required by the City, ii. perform such inspections and reinspection of the site on which the land disturbance activity is occurring as the City deems necessary,and/or iii. coordinate and communicate with the Permittee regarding any corrective work, inspections,reinspection or other remedial actions which the City deems necessary to implement as a result of the failure of the Permittee to conform to the provisions of this ordinance,and iv. remedy any other failure of the Permittee to conform to provisions of this ordinance. The cost for staff time shall be determined by multiplying the staff member's hourly rate times 1.9 times the number of hours expended,for all staff members(including administrative employees)involved in such corrective work,communications,coordination of activities, inspections,reinspections and other remedial actions. All amounts charged shall be paid by the Permitee within 30 days of the delivery by the City of a written invoice which describes such charges. e. Draw on the escrow amount for all staff costs incurred,and payments due to the City as a result of the exercise by the City of any remedy available to the City pursuant to this ordinance. f. Assess that portion of any unpaid charges which are attributable to the removal or elimination of public health or safety hazards from private property pursuant to Minnesota Statutes Section § 429.101. g. Pursue any other legal equitable remedy which is available to the City. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal,state or local law and it is within the discretion of the City to seek cumulative remedies. (Ord. 1416, 9-26-2011)