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2018_03-27_PWETCpacket
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2018_03-27_PWETCpacket
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4/26/2018 11:49:55 AM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
3/27/2018
Commission/Committee - Meeting Type
Regular
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any person, owner, agent or person in possession of any premises to refuse to allow <br />city 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 <br />the 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: hi 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 a misdemeanor. <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 />803.04: GRADING, EROSION AND SEDIMENTATION CONTOL: <br />A. Purpose: The purpose of this article is to regulate grading and to control eentfel or <br />eliminate soil erosion and sedimentation resulting from construction activity within the <br />City. This article establishes standards and specifications for grading practices which <br />protects drainage, conservation practices and planning activities that -which minimize <br />soil erosion and sedimentation. <br />B. Scope: Except as exempted by the definition of the term "land disturbance activity" in <br />Section 803.94 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 />have the meanings ascribed to them in this section, except where the context clearly <br />indicates a 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 <br />controlling, preventing, and minimizing the degradation of surface water, including <br />construction -phasing, minimizing the length of time soil areas are exposed, <br />
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