2004_Ordinances - Laserfiche WebLink

Home Browse Search

Sec. 10-58. Inspections. • The program authority shall inspect any land subject to an approved stormwater management plan, as provided herein: (a) During the installation of stormwater management measures, or the conversion of erosion and sediment control measures into stormwater management measures, the program authority shall conduct periodic inspections to determine whether such measures are being installed as provided in the approved plan (b) Upon completion of the installation of stormwater management measures, the program authority shall conduct periodic inspections to determine whether such measures are being maintained as provided in the approved plan, or to investigate a complaint pertaining to the plan. The inspections shall be conducted at least annually, measured from the date the installation or implementation of the stormwater management measures is deemed by the program authority to be complete. The inability of the program authority to conduct inspections within the time periods set forth in this paragraph shall not be deemed to be a failure of the program authority to perform a mandatory duty or a ministerial function, and no liability to the city, the program authority, or any official or employee thereof shall arise therefrom. (c) The program authority shall be allowed, after giving notice to the owner, occupier or operator of the land development, to conduct any inspection required by this section. The notice may be either verbal or in writing. Notice shall not be required if the program authority and the owner have entered into a right of entry agreement, or if the owner has granted to the program authority an easement for purposes of inspection and maintenance. • (d) Upon a determination by the program authority that an owner has failed to comply with an approved stormwater management plan, the following procedures shall apply: (1) The program authority shall serve upon the owner a written notice to comply. The notice shall be served by certified mail, to the owner's address of record with the city assessor's office, or by personal delivery to the owner, or by personal delivery to an agent or employee at the site of the permitted activities who is supervising such activities. The notice shall: (i) Instruct the owner to take corrective measures immediately, when immediate action is necessary to prevent or abate drainage, erosion, or water pollution problems; (ii) Specify the measures required to comply with the plan; (iii) Specify the time within which such required measures must be completed; and (2) If the owner fails to take corrective measures stated in the notice, within the time specified in the notice, then the city may revoke any building permit or other permit for activities involving the land development, and the owner shall be deemed to be in violation of this article. (3) If the program authority determines, upon completion of a maintenance inspection, that maintenance or repair of the measures has been neglected, or that any stormwater management facility is a danger to public health or safety, it may perform the work necessary to assure that such measures or facilities are not a danger to public health or • safety, and shall be entitled to recover the costs of such work from the owner. -24-