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and maintenance of City stormwater management facilities designed to serve <br />multiple land disturbing and development activities undertaken by one or <br />more persons. <br />H. Inspections and Enforcement. Inspections will be performed by the City <br />,during construction to ensure that stormwater management plan measures are <br />properly installed and maintained. In all cases the inspectors will attempt to <br />work with the applicant or developer to maintain proper stormwater <br />management. <br />1. Construction stop order -The City may issue construction stop orders <br />until stormwater management measures meet specifications. A second <br />stormwater management inspection must then be scheduled and passed <br />before the final inspection will be done. <br />2. Perimeter breach - If stormwater management measures malfunction and <br />breach the perimeter of the site, enter streets, other public areas, or <br />waterbodies, the applicant shall immediately develop a cleanup and <br />restoration plan, obtain the right -of -way from the adjoining property <br />owner, and implement the cleanup and restoration plan within 48 hours of <br />obtaining permission. If in the discretion of the City, the applicant does <br />not repair the damage caused by the stormwater runoff the C itv can do the <br />remedial work required and charge the cost to the applicant. <br />3. Actions to ensure compliance -The ,City can take the following action in <br />the event of a failure by applicant to meet the terms of this ordinance: <br />a. Withhold inspections or issuance of certificates or approvals <br />b. Revoke any permit issued by the City to the applicant <br />c. Conduct remedial or corrective action on the development site or <br />adjacent site affected by the failure <br />d. Charge applicant for all costs associated with correcting the failure <br />or remediating damage from the failure. If payment is not made <br />within thirty days, payment will be made from the applicant's <br />financial securities. <br />e. Bring other actions against the applicant to recover costs of <br />remediation or meeting the terms of this ordinance. <br />f. Any person, firm or corporation failing to comply with or violating <br />any of these regulation, shall be deemed guilty of a misdemeanor <br />and be subject to a fine or imprisonment or both. Each day that a <br />separate violation exists shall constitute a separate offense. <br />I. Maintenance of Stormwater Facilities. The City requires that stormwater <br />facilities be maintained. <br />1. Private Stormwater Facilities - All private stormwater facilities shall be <br />maintained in proper condition consistent with the performance standards <br />for which they were originally designed. <br />2. Removal of settled materials - All settled materials from ponds, sumps, <br />grit chambers, and other devices, including settled solids, shall be <br />removed and properly disposed ofps needed to ensure proper function of <br />the device. <br />3. Maintenance plan required - No private stormwater facilities may be <br />approved unless a maintenance plan is provided that defines who will <br />- 'Deleted: community <br />--------------------- <br />Deleted: Follow up i <br />................ .. <br />Deleted: community <br />Deleted: on a regular basis <br />-I Deleted: community <br />Deleted: community <br />_-3 • <br />-[Deleted: community 1 <br />- -( Deleted: community <br />Model S(onnwater Ordinance Page 18 NEMO Ordinance Project <br />- 2 2 - <br />Deleted: community <br />Deleted: community <br />Deleted: on a five (5) year interval. <br />One to five (5) year waivers from this <br />requirement may be granted by the <br />community when the owner presents <br />evidence that the facility has additional <br />capacity to remove settled solids in <br />accordance with the original design <br />capacity <br />