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to the requirements set forth in the Notice of Violation, or, in the event of an appeal, <br />within 7 days of the decision of the City Manager upholding the decision of the <br />Public Works Director, then city representatives shall have the right to enter upon the <br />subject private property and are authorized to take any and all measures necessary to <br />abate the violation and/or restore the property. It shall be unlawful for any person, <br />owner, agent or person in possession of any premises to refuse to allow city <br />representatives to enter upon the premises for the purposes set forth above. <br />4. Cost of Abatement of the Violation: Within 15 days after abatement of the violation, <br />the person(s) responsible for the violation will be notified of the cost of abatement, <br />including administrative costs. The person(s) given such notice may file a written <br />protest objecting to the amount of the costs within 7 days. If the amount due is not <br />paid within a timely manner as determined by the decision of the City Manager or <br />by the expiration of the time in which to file an appeal, the amount due shall <br />constitute a lien upon, and the City shall have the right to assess such cost against the <br />property owned by such violator(s) pursuant to Minnesota Statute § 429.101. <br />5. Injunctive Relief: It shall be unlawful for any person to violate any provision or fail <br />to 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 <br />would create further violations or compelling the person to perform abatement or <br />remediation of 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 <br />workshops, 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 <br />the provisions of this Ordinance is a threat to public health, safety, and welfare, and <br />is 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 amisdemeanor. <br />9. Costs and Expenses: The City may recover all attorney's fees, court costs, staff <br />expenses, clean-up costs, and any other expenses associated with enforcement of this <br />ordinance including, but not limited to, sampling and monitoring expenses. <br />10. Remedies Not Exclusive: The remedies listed in this ordinance are not exclusive of <br />any other remedies available under any applicable federal, state or local law and it is <br />within the discretion of the City to seek cumulative remedies. <br />(Ord. 1388, 2-22-2010) <br />803.4 : GRADING,.- EROSION AND SEDIMENTATION CONTOL: <br />A. Purpose: The purpose of this article is to regulate grading and to control ei*qtrsl <br />or eliminate soil erosion and sedimentation resulting from construction activity <br />within the City. This article establishes standards and specifications for grading <br />practices which protects drainage, conservation practices and planning <br />activities that --which minimize soil erosion and sedimentation. <br />B. Scope: Except as exempted by the definition of the term "land disturbance activity" in <br />Section 803.44 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 <br />approval of the grading, erosion and sediment control plan. No land shall be disturbed <br />until the plan is approved by the City and conforms to the standards set forth in this <br />article. <br />C. Definitions: The following words, terms and phrases, when used in this article, shall <br />