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2. Failure to Do Corrective Work: If a Permittee fails to perform any corrective work or <br />otherwise fails to conform to any provision of this ordinance within the time stipulated, the <br />City may take any one or more of the following actions: <br />a. Issue a stop work order whereupon the Permittee shall cease all land disturbance <br />activity on the site until such time as the City determines the corrective measures that <br />are necessary to correct the conditions for which the stop work order was issued. Once <br />the necessary corrective actions have been determined the Permittee shall perform the <br />corrective work. All corrective work must be completed before further land <br />disturbance activity will be allowed to resume. <br />b. Complete the corrective work using City forces or by separate contract. The issuance <br />of a land disturbance permit constitutes a right -of -entry for the City or its contractor to <br />enter upon the construction site for the purpose of completing the corrective work. <br />c. Impose a monetary fine in an amount equal to twice the required permit fee. <br />d. Charge the Permittee for all staff time expended and costs incurred by the City to: <br />i. perform any corrective work required by the City, <br />ii. perform such inspections and reinspections of the site on which the land <br />disturbance activity is occurring as the City deems necessary, and/or <br />iii. coordinate and communicate with the Permittee regarding any corrective <br />work, inspections, reinspections or other remedial actions which the City <br />deems necessary to implement as a result of the failure of the Permittee to <br />conform to the provisions of this ordinance, and <br />iv. remedy any other failure of the Permittee to conform to provisions of this <br />ordinance. <br />The cost for staff time shall be determined by multiplying the staff member's hourly <br />rate times 1.9 times the number of hours expended, for all staff members (including <br />administrative employees) involved in such corrective work, communications, <br />coordination of activities, inspections, reinspections and other remedial actions. All <br />amounts charged shall be paid by the Permitee within 30 days of the delivery by the <br />City of a written invoice which describes such charges. <br />e. Draw on the escrow amount for all staff costs incurred, and payments due to the City <br />as a result of the exercise by the City of any remedy available to the City pursuant to <br />this ordinance. <br />f. Assess that portion of any unpaid charges which are attributable to the removal or <br />elimination of public health or safety hazards from private property pursuant to <br />Minnesota Statutes Section § 429.101. <br />g. Pursue any other legal equitable remedy which is available to the City. <br />3. Appeal of Notice of Violation: Any person receiving a Notice of Violation may appeal the <br />determination of the Public Works Director. The notice of appeal must be received within <br />7 days from the date of the Notice of Violation. Hearing on the appeal before the City <br />Manager or his/her designee shall take place within 15 days from the date of receipt of the <br />notice of appeal. The decision of the City Manager or his/ her designee shall be final. <br />4. The remedies listed in this ordinance are not exclusive of any other remedies available <br />under any applicable federal, state or local law and it is within the discretion of the City to <br />seek cumulative remedies. (Ord. 1416, 9-26-2011) (Ord. 1550, 6-4-2018) <br />803.05: STORMWATER BEST MANAGEMENT PRACTICE (BMP) <br />