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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />Move this section of the code to 803.04. <br />failure of erosion control measures, whichever is loss, the City, at its <br />discretion, may bogin corrective work. <br />2)Erosion Off Site. If erosion breaches the perimeter of the site, the Permittee <br />ehall immediately develop a cleanup and restoration plan, obtain the right of <br />entry from the adjoining property owner(s), and implement tho cleanup and <br />property owner's permission. In no case, unless written approval is received <br />from the City, shall more than coven (7) calendar days go by without <br />corrective action being taken. If, in the discretion of the City, the Permittee <br />doos not repair the damage caused by the erosion, tho City may do the <br />remedial work roquirod and charge tho cost to the Pormittoo. <br />3)Erosion into Streets, Wetlands or Water Bodies. If eroded soils (including <br />tracked soils from construction activities) enter or appear likely to enter <br />streets, wetlands, or other water bodies, prevention strategies, cleanup and <br />repair must be immediate and entirely at the expense of the Permittee. The <br />Permittee shall also pay all costs associated with traffic control and flagging <br />roquirod to protoct the traveling public during tho cleanup operations. <br />4)2) Failure to Do Corrective Work. When afk Permittee fails to conform to any provision <br />of this policy ordinance within the time stipulated, the City may take the following <br />actions: <br />a. Draw on the escrow for staff time to coordinate with Permittee and reinspect the <br />site. <br />b. Fine the Permittee for failure to complete corrective work. <br />a. Withhold the scheduling of inspections and /or the issuance of a Certificate of <br />OcctTaFteyr <br />b. c. Issue a stop work order on the site. Corrective work shall be completed before <br />construction will be allowed to iesume.Revoke any permit issued by the City to <br />the Pormittoo for the site in question or any other of tho Porrnittoo's sites within <br />the City's jurisdiction. <br />c-d. Complete the corrective work using Direct the correction of the deficiency by <br />City forces or by a separate contract. The issuance of a permit constitutes a right <br />of -entry for the City or its contractor to enter upon the construction site for the <br />purpose of correcting deficiencies in erosion control. <br />4 e. All costs incurred by the City in correcting erosion and sediment control <br />deficiencies shall be reimbursed by the Permittee. If payment is not made within <br />thirty (30) days after costs are incurred by the City, payment will be made from <br />the Permittee's financial securities, as described in Section 1017.08 of this <br />Ordinance. <br />e-f. If there is an insufficient financial amount in the Permittee's financial securities as <br />described in Section 1017.08 of this Ordinance to cover the costs incurred by the <br />City then the City may assess the remaining amount against the property. As a <br />condition of the permit, the owner shall waive notice of any assessment hearing to <br />be conducted by the City, concur that the benefit to the property exceeds the <br />amount of the proposed assessment and waive all rights by virtue of Minnesota <br />Statues 429.081 to challenge the amount of validity of assessment. <br />7 <br />