Note: Prior ordinance history: Ord. 1422.
(a)
Silt and debris shall be removed by the construction project permittee
from check berms and desilting basins and the basin pumped dry after
each rainstorm.
(b)
The performance of the erosion and sediment control system shall
be evaluated and revised and repaired by the construction project
permittee after each rainstorm, and as necessary during all phases
of construction. Adequate erosion and sediment control systems must
be in place during all periods of construction, including periods
when construction is halted, interrupted or stalled for any reason.
(c)
Erosion and sediment control devices shall not be moved or modified
without the approval of the city.
(d)
The construction project permittee shall be responsible and shall
take necessary precautions to prevent public trespass onto areas where
impounded water creates a hazardous condition.
(e)
The construction project permittee shall be responsible for implementing
and maintaining necessary grading and erosion and sediment control
measures during the entire year to adequately control runoff. In the
event of failure by the construction project permittee to properly
maintain the required erosion and sediment control measures, the city
may cause emergency maintenance work to be done to protect adjacent
private and public property and environmental resources. The construction
project property owner shall be responsible for all costs associated
with such emergency maintenance work. The city shall deliver to the
construction project permittee and property owner with an invoice
for costs, which shall be immediately due and payable to the city.
If the construction project owner subject to the invoice for costs
fails to pay, then the city attorney may institute collection proceedings
including, but not limited to, nuisance liens in accordance with Government
Code Section 38773.1 and Section 38773.5.
(f)
In the event the city must cause emergency maintenance work to be
done, the city may revoke the construction project permit(s) in writing.
The permit(s) shall not be renewed until an erosion control system
and/or other systems necessary to comply with water quality requirements
approved by the city are installed and a fee of one-half the amount
required for the original permit is paid.
(g)
If any grading subject to obtaining construction project permit(s) as specified in this title has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion control plan as well as other plans required under the water quality requirements which have been approved by the city. In the event of failure by the property owner to install an approved erosion control system and/or other systems necessary to comply with water quality requirements, the city may cause emergency work to be done to protect adjacent private and public property and environmental resources. The cost shall be charged to the property owner in accordance with subsection (e) of this section.
(Ord. 1442 § 2, 2004)
