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c. Erosion off site. If erosion breaches the perimeter of the site, the applicant shall clean up and repair or supplement with functional BMPs within 24 hours of discovery or immediately as conditions allow. If, in the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required and charge the cost to the applicant. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly. d. Erosion into streets, wetlands, or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. e. Failure to do corrective work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions: 1. Issue a stop work order, withhold the scheduling of inspections, and/or the issuance of a certificate of occupancy. 2. Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction. 3. Correct the deficiency or hire a contractor to correct the deficiency. 4. Require reimbursement to the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant's financial securities as described above. 5. If there is an insufficient financial amount in the applicant's financial securities as described above, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081 to challenge the amount or validity of assessment. 2) Enforcement. The city shall be responsible for enforcing this chapter. a. Penalties. Any person, firm, or corporation failing to comply with or violating any of these regulations shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both. All land use and building permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. b. Right -of -entry and inspection; powers. The issuance of a permit constitutes a right -of - entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and their authorized representatives, upon presentation of credentials, to: draft 06-15 ECS Ordinance.docx 28/29