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12-05-2022 Council Work Session Packet
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12-05-2022 Council Work Session Packet
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12/12/2022 5:18:42 PM
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12/12/2022 2:15:08 PM
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City Council
Council Document Type
Council Packet
Meeting Date
12/05/2022
Council Meeting Type
Work Session Regular
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32 <br />any necessary action. Any cost to the city may be recovered from the applicant's <br />financial security. <br />(c) Erosion off site. If erosion breaches the perimeter of the site, the applicant <br />shall clean up and repair or supplement with functional BMPs within 24 hours of <br />discovery or immediately as conditions allow. If, in the discretion of the city, the permit <br />holder does not repair the damage caused by the erosion, the city may do the remedial <br />work required and charge the cost to the applicant. When restoration to wetlands and <br />other resources are required, the applicant shall be required to work with the <br />appropriate agency to ensure that the work is done properly. <br />(d) Erosion into streets, wetlands, or water bodies. If eroded soils (including <br />tracked soils from construction activities) enter or appear likely to enter streets, <br />wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant <br />shall provide all traffic control and flagging required to protect the traveling public during <br />the cleanup operations. <br />(e) Failure to do corrective work. When an applicant fails to conform to any <br />provision of this policy chapter within the time stipulated, the city may take the <br />following actions: <br />1. Issue a stop work order, withhold the scheduling of inspections, and/or the <br />issuance of a certificate of occupancy. <br />2. Revoke any permit issued by the city to the applicant for the site in <br />question or any other of the applicant's sites within the city's jurisdiction. <br />3. Correct the deficiency or hire a contractor to correct the deficiency. <br />4. Require reimbursement to the city for all costs incurred in correcting <br />stormwater pollution control deficiencies. If payment is not made within 30 days after <br />costs are incurred by the city, payment will be made from the applicant's financial <br />securities as described above. <br />5. If there is an insufficient financial amount in the applicant's financial <br />securities as described above, then the city may assess the remaining amount against <br />the property. As a condition of the permit, the owner shall waive notice of any <br />assessment hearing to be conducted by the city, concur that the benefit to the property <br />exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. <br />§ 429.081 to challenge the amount or validity of assessment. <br />(2) Enforcement. The city shall be responsible for enforcing this chapter. <br />(a) Penalties. Any person, firm, or corporation failing to comply with or violating <br />any of these regulations shall be deemed guilty of a misdemeanor and be subject to a <br />fine or imprisonment or both. All land use and building permits shall be suspended until <br />the applicant has corrected the violation. Each day that a separate violation exists shall <br />constitute a separate offense. <br />(b) Right-of-entry and inspection; powers. The issuance of a permit constitutes a <br />right-of-entry for the city or its contractor to enter upon the construction site. The <br />applicant shall allow the city and their authorized representatives, upon presentation of <br />credentials, to:
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