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10-08-08 Additions
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K. Returning the Financial Security. The security deposited with the City for performance <br />of the SWPPP must be released one full year after the completion of the installation of <br />stormwater pollution measures and vegetation has been established on the entire site. No interest <br />will accrue or be paid to the applicant. <br />L. Notification of Failure of the SWPPP. The City must notify the permit holder of the <br />failure of the SWPPP's measures. The applicant must respond within 48 hours after notification <br />by the City or 72 hours after the failure of erosion control measures, whichever is less, or the <br />City may begin corrective work. If time is of the essence (i.e. emergencies), the City may take <br />immediate action and then notify the applicant as soon as possible. <br />927.040. FAILURE TO DO CORRECTIVE WORK. <br />If an applicant fails to do corrective work, the City may issue a stop work order, withhold <br />scheduling inspections, withhold the issuance of a Certificate of Occupancy, revoke any approval <br />for any of applicant's sites within the City's jurisdiction, correct the deficiency, require <br />reimbursement for City costs, recover costs from the applicant's financial security, and assess <br />any remaining balance against the property. The approval of the plan constitutes aright-of-entry <br />for the City or its contractor. As a condition of the permit, the owner waives notice of any <br />assessment hearing, concurs that the benefit to the property exceeds the amount of the proposed <br />assessment, and waives all rights under Minn. Stat. § 429.081 to challenge the amount or validity <br />of the assessment. <br />927.050. ENFORCEMENT. <br />The City Zoning Administrator will administer and enforce the ordinance and take any <br />appropriate actions or proceedings against a violator. In addition, the City Administrator or <br />designee may issue a citation for violation of this ordinance. Any person who violates this <br />ordinance is guilty of a misdemeanor. Each day a violation is permitted to exist constitutes a <br />separate offense. <br />927.060. RIGHT OF ENTRY AND INSPECTION. <br />The applicant must allow the City and its authorized representatives to: 1) Enter the site to obtain <br />information, examine records or conduct investigations or surveys; 2) Bring equipment upon the <br />site to conduct such surveys and investigations; 3) Examine and copy any documents pertaining <br />to activities or records required to be kept; 4) Inspect the stormwater pollution control measures; <br />and 5) Sample and monitor any items/activities pertaining to stormwater pollution control <br />measures. <br />927.070. ABROGATION AND GREATER RESTRICTIONS. <br />This ordinance is not intended to repeal, abrogate, or impair any existing easements or <br />covenants, other regulations, or deed restrictions, but where this ordinance imposes greater <br />restrictions, the provisions of the ordinance will prevail. <br />
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