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(b) Inspections or investigations indicate the plans are not effective in eliminating or significantly <br />minimizing the discharge or pollutants to surface waters or underground waters or that the discharges are <br />causing water quality degradation; <br /> (c) The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges <br />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 />§ 1011.014 FINANCIAL SECURITIES. <br /> The applicant shall be subject to the financial security provisions of the city development agreement, site <br />improvement performance agreement and/or the city public improvement financing policy, as applicable. <br />(Ord. 09-15, passed 10-26-2015) <br />§ 1011.015 ENFORCEMENT. <br /> (1) Notification of failure of the permit. The city shall notify the permit holder of the failure of the <br />permit's measures. <br /> (a) Initial contact. The initial contact will be to the party or parties listed on the application and/or the <br />SWPPP as contacts. Except during an emergency action, 48 hours after notification by the city or 72 hours <br />after the failure of erosion and sediment control measures, whichever is less, the city at its discretion may <br />begin corrective work. Such notification should be in writing, but if it is verbal, a written notification <br />should follow as quickly as practical. If after making a good faith effort to notify the responsible party or <br />parties, the city has been unable to establish contact, the city may proceed with corrective work. There are <br />conditions when time is of the essence in controlling erosion. During such a condition, the city may take <br />immediate action and then notify the applicant as soon as possible. <br /> (b) Emergency action. If circumstances exist such that non-compliance with this chapter poses an <br />immediate danger to the public health, safety and welfare, as determined by the city, the city may take <br />emergency preventative action. The city shall also take every reasonable action possible to contact and <br />direct the applicant to take 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 shall clean up and repair <br />or supplement with functional BMPs within 24 hours of discovery or immediately as conditions allow. If, in <br />the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may <br />do the remedial work required and charge the cost to the applicant. When restoration to wetlands and other <br />resources are required, the applicant shall be required to work with the appropriate agency to ensure that the <br />work is done properly. <br /> (d) Erosion into streets, wetlands, or water bodies. If eroded soils (including tracked soils from <br />construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, cleanup and <br />repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the <br />traveling public during the cleanup operations. <br /> (e) Failure to do corrective work. When an applicant fails to conform to any provision of this policy <br />within the time stipulated, the city may take the following actions: <br /> 1. Issue a stop work order, withhold the scheduling of inspections, and/or the issuance of a certificate <br />of occupancy.