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2004_Ordinances
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(b) If the owner fails to take corrective measures stated in the notice to comply within the time <br />• specified in the notice, the permit -issuing department may revoke any permit it has issued related <br />to the land disturbing activity and the owner shall be deemed to be in violation of this article. <br />(c) If the owner fails, within the time specified in the notice, to take the corrective measures for <br />compliance stated in the notice, the program authority, upon finding that such action is reasonably <br />necessary to protect the public health, safety and welfare, may take all corrective measures it <br />deems necessary in order to protect the public health, safety and welfare, and shall be entitled to <br />recover the expenses of such action from the owner. <br />(d) Upon receipt of a sworn complaint of a violation of this article or of an approved erosion and <br />sediment control plan, from an employee or representative of the program authority responsible <br />for ensuring program compliance, the director of neighborhood development services or designee <br />may, in conjunction with or subsequent to a notice of violation, issue an order requiring that all or <br />part of the land -disturbing activities permitted on the site be stopped until the specified corrective <br />measures have been taken or, if land disturbing activities have commenced without an approved <br />plan, requiring that all of the land disturbing activities be stopped until an approved plan and any <br />required permits have been obtained. <br />(1) Where the alleged noncompliance is causing or is in imminent danger of causing harmful <br />erosion of lands, sediment deposition in waters, or water quality problems within the <br />watersheds of the Commonwealth, or where the land disturbing activities have <br />commenced without an approved plan or any required permits, such an order may be <br />issued whether or not the alleged violator has been issued a notice to comply. Otherwise, <br />such an order may be issued only after the alleged violator has failed to comply with a <br />•notice to comply. <br />(2) A stop -work order shall be served in the same manner as a notice to comply, and it shall <br />remain in effect for seven (7) days from the date of service, pending application by the <br />enforcing authority or alleged violator for appropriate relief to the circuit court. <br />(3) If the alleged violator has not obtained an approved plan or any required permits within <br />seven (7) days from the date of service of a stop -work order, the director of neighborhood <br />development services or his designee may issue an order to the owner requiring that all <br />construction or other work on the site, other than corrective measures, be stopped until an <br />approved plan and any required permits have been obtained. Such an order shall be <br />served upon the owner by certified mail to the address specified in the permit application. <br />(4) The owner may appeal the issuance of any stop -work order to the circuit court. <br />(5) Any person violating or failing, neglecting or refusing to obey an order issued by the <br />director of neighborhood development services or his designee may be compelled in a <br />proceeding instituted in the circuit court to obey the order and to comply therewith, by <br />injunction, mandamus or other appropriate remedy. <br />(6) Upon completion and approval of corrective action or obtaining an approved plan or any <br />required permits, the order shall immediately be lifted. <br />(7) Nothing in this section shall prevent the director of neighborhood development services <br />or his designee from taking any other action authorized by this chapter or by any other <br />provision of law. <br />See. 10-42. Certification of program personnel. <br />As required by state law, the city's erosion and sediment control program shall meet, within one <br />(1) year following the adoption of this section, the following minimum standards for <br />effectiveness: <br />- 15 - <br />
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