[Ord. No. 2132, Enacted, 7-2-1996; Ord. No. 2231, Amended, 3-21-2000]
2.
Any violation of this Chapter, an Erosion Control Permit or an approved Erosion Control Plan which results in erosion or sediment transport is hereby declared to be a public nuisance as defined in LOC Article 34.08 and may be abated as provided therein.
3.
In
addition to those penalties available under the civil infraction ordinance,
the following penalties are available for use by the City:
a.
The
City Manager may order work to be stopped on a development or any
other project or activity where erosion control measures are not being
properly maintained or are not functioning properly.
b.
The
City Manager may refuse to accept, approve, or certify completion
of any development or building permit or project, or may deny occupancy
on the subject property until erosion control measures have been installed
properly and are maintained in accordance with this chapter.
c.
The
owner of the property from which the erosion occurs, together with
any person or parties who cause such erosion shall be responsible
to mitigate the impacts of the erosion and prevent future erosion.
d.
Upon
request of the City Manager or direction from the Council, the City
Attorney may institute appropriate action in any court to enjoin a
development of a site or building project which is in violation of
this chapter or to require conformance with this chapter.
4.
The
rights, remedies and penalties provided in this chapter are cumulative,
are not mutually exclusive, and are in addition to any other rights,
remedies and penalties available to the City under any other provision
of law.
