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31 <br />All land use and building permits shall be suspended until the developer has an <br />approved ESC or stormwater management permit for ESC or stormwater management. <br />(3) Modification of plan. The applicant must amend the plan as necessary to include <br />additional requirements such as additional or modified BMPs designed to correct <br />problems identified or address situations whenever: <br />(a) A change in design, construction, operation, maintenance, weather, or <br />seasonal conditions that has a significant effect on the discharge or pollutants to <br />surface waters or underground waters; <br />(b) Inspections or investigations indicate the plans are not effective in eliminating <br />or significantly minimizing the discharge or pollutants to surface waters or underground <br />waters or that the discharges are causing water quality degradation; <br />(c) The plan is not achieving the general objectives of minimizing pollutants in <br />stormwater discharges associated with construction activity; or <br />(d) The plan is not consistent with the terms and conditions of this chapter. <br />(Ord. 09-15, passed 10-26-2015) <br /> <br />§ 1011.014 FINANCIAL SECURITIES. <br /> The applicant shall be subject to the financial security provisions of the city <br />development agreement, site improvement performance agreement and/or the city <br />public improvement financing policy, as applicable. <br />(Ord. 09-15, passed 10-26-2015) <br /> <br />§ 1011.015 ENFORCEMENT. <br />(1) Notification of failure of the permit. The city shall notify the permit holder of the <br />failure of the permit's measures. <br />(a) Initial contact. The initial contact will be to the party or parties listed on the <br />application and/or the SWPPP as contacts. Except during an emergency action, 48 <br />hours after notification by the city or 72 hours after the failure of erosion and sediment <br />control measures, whichever is less, the city at its discretion may begin corrective work. <br />Such notification should be in writing, but if it is verbal, a written notification should <br />follow as quickly as practical. If after making a good faith effort to notify the responsible <br />party or parties, the city has been unable to establish contact, the city may proceed with <br />corrective work. There are conditions when time is of the essence in controlling erosion. <br />During such a condition, the city may take immediate action and then notify the <br />applicant as soon as possible. <br />(b) Emergency action. If circumstances exist such that non-compliance with <br />this chapter poses an immediate danger to the public health, safety and welfare, as <br />determined by the city, the city may take emergency preventative action. The city shall <br />also take every reasonable action possible to contact and direct the applicant to take