Chapter 12.18 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
Section 12.18.060 Enforcement by order to terminate further activities.
1. As an alternative to enforcement by legal or administrative action, an enforcement
officer may issue an
order to terminate further activities at the site under the following conditions:
a. The order to terminate may be issued only for failure
to implement or maintain pollution control
BMPs;
b. The order may be issued for a period not to exceed
30 days during which time the applicant will be
allowed to correct the identified deficiency; provided however a shorter period of time may be ordered
in an
emergency situation;
c. The applicant may reject the order by notifying the
City, in writing. Upon receipt of such written
notice, the order to terminate shall be deemed null and void and the City may undertake enforcement
pursuant to Section 12.18.050 herein.
2. If the applicant does not reject the order to terminate and corrects the
identified deficiency within the
designated period, the applicant may immediately commence further activity at the site and no further
penalties or orders shall be issued against the applicant for the identified deficiencies. Prior
to commencing
further activity at the site, the applicant shall establish correction of the deficiency by providing
to the office
of the enforcement officer, a written statement, signed under oath, that the deficiency has been corrected
with a description, including photographs when appropriate, of the action taken to correct the deficiency.
3. If the deficiency cannot be corrected within thirty days or such shorter
period as may have been
ordered, applicant may seek an extension of the order to terminate for such additional period of time
as
allowed by the enforcement officer.
4. If the deficiency is not corrected within the designated period (with extensions),
the City may
commence a legal or administrative action against the applicant as set forth in Section 12.18.050 above.
(Ord. 2005-0712)