This Chapter is to be enforced pursuant to the provisions set forth herein as applicable. The City Engineer and other Enforcement Authorities are responsible for the enforcement of the provisions of this Chapter.
(1)
Violations Enumerated. No person shall fail, refuse, or neglect to comply with the following:
(a)
Provisions of this Chapter and land disturbance permits issued in accordance with this Chapter;
(b)
Orders issued by the City Engineer or the City Building Official pursuant to the provisions of this Chapter;
(c)
Conditions imposed on land disturbance permits pursuant to the provisions of this Chapter; and
(d)
Rules and regulations of the office of the City Engineer with respect to grading, which were in effect at the time the land disturbance permit was issued.
(2)
Continuing Violation. Each and every day, or portion thereof, during which any violation of any of the provisions of this Chapter is committed, continued, or land disturbance permitted, shall be considered a separate offense.
(1)
Nothing herein is intended to limit or prohibit the enforcement of the Springville City Code or other applicable laws through civil or criminal process where the City has determined that enforcement of the procedures outlined in these sections will not result in effective redress, where there have been repeated violations of the provisions of this Chapter, or where the severity of the violation warrants redress through civil or criminal action.
(2)
The following sanctions shall be available to redress violations of the provisions of this Chapter:
(a)
Issuance of a Notice of Violation;
(b)
Revocation or suspension of land disturbance permits, conditional use land disturbance permits or plan or other approvals issued by the City;
(c)
The placement of requirements for corrective action on land disturbance permits, licenses, or other entitlements issued by the City as a condition of the land disturbance permit, license, or entitlement;
(d)
Requiring the responsible permit holder to post a bond, irrevocable letter of credit, or other adequate security to ensure compliance with the provisions of this Chapter or other applicable laws;
(e)
Withholding of permits, certificates or other forms of authorization pertaining to any land where there exists an uncorrected violation of this Chapter;
(f)
Issuance of a stop work order;
(3)
Penalties. Violation of any of the provisions of this Chapter shall upon conviction be punishable as a class B misdemeanor.
(4)
Other remedies; remedies cumulative. The City shall have such other remedies as are and as may be from time to time provided by State law or City ordinance for the violation of any provision of this Chapter. Remedies shall be cumulative.
(5)
At the time of issuance of a notice of violation, the Enforcement Authority will determine the appropriate level of sanction and will provide written notice to the responsible person of the proposed level of sanction and the reasons therefore as outlined herein.
(6)
Where multiple violations have occurred or are occurring, each violation of the provisions of this Chapter or other applicable laws is subject to a separate sanction. The City may take into account the number and severity of violations in determining the type of action to take against the offending party.
(1)
When a violation of a land disturbance permit is discovered, and the responsible permit holder has not been issued a previous Notice of Violation for the same violation within the past twelve (12) months, the Enforcement Authority shall issue a Notice of Violation in order to notify the responsible person of the violation and to order that the violation be corrected within five (5) calendar days. The notice may include a stop work order that orders the responsible person to immediately cease all work on the project until the violation is corrected. The issuance of a Notice of Violation shall not be a prerequisite for the issuance of a stop work order by the City.
(2)
The Notice of Violation shall be in writing and set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation, and shall require that the City Engineer be contacted within one (1) calendar days if the responsible person disputes the Notice of Violation.
(3)
Failure to correct the violation within the amount of time specified in the Notice of Violation may result in issuance of a citation, a stop work order, a notice of intent to suspend or revoke, or other enforcement action as deemed appropriate by the City.
(4)
In the case of a violation involving: continuing construction or development, an emergency situation (as reasonably determined by the City), or a violation for which a previous Notice of violation was issued within the past twelve (12) months, the City may use the enforcement powers and remedies available to it under this chapter without prior notice. In such case, notice shall be sent simultaneously with the beginning of enforcement action.
(5)
This section only applies to violations of land disturbance permits.
The City Engineer may suspend or revoke a land disturbance permit and/or suspend any land disturbance activity if:
(1)
Conditions at the site vary from those shown on the approved plans;
(2)
Construction does not conform to the approved plans, time schedules, or conditions of the land disturbance permit;
(3)
The work does not comply with applicable ordinances, rules, regulations and standards;
(4)
The site is left in a condition hazardous to the public or to the adjacent properties, and the land disturbance permit holder does not comply with reasonable requirements to correct said conditions;
(5)
The land disturbance permit holder does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner;
(6)
The land disturbance permit holder, in connection with the operations for which the land disturbance permit was issued, fails to operate equipment properly on public roads; allows material to encroach into, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said land disturbance permit; or causes unauthorized obstruction or diversion of drainage channels;
(7)
The land disturbance permit holder fails to have a qualified, City-approved inspector working under the supervision of a civil engineer on the site during operations, when so required by the land disturbance permit, or fails to have the work under proper supervision;
(8)
Emergency conditions exist on the site, which constitute a threat to health, safety or public welfare, whether or not caused by the actions of the land disturbance permit holder; or
(9)
The land disturbance permit holder has been issued a Notice of Violation and has failed to correct the violation within the time specified.
(1)
Prior to the suspension or revocation of a land disturbance permit, the City Engineer shall give the land disturbance permit holder written notice of intention to suspend or revoke the land disturbance permit, the notice shall specify the grounds for such intended action and the time and place for the holding of a conference between the City Engineer and the land disturbance permit holder, or its authorized representatives, to review the grounds for the proposed action. Notice of the proposed action shall be given to the land disturbance permit holder at least forty-eight (48) hours, before the time set for the conference, if given by personal service, and at least ninety-six (96) hours, before the time set for the conference, if given by first-class mail. Weekends and holidays are not counted in determining the time for the giving of notice and the holding of the conference. With the consent of the land disturbance permit holder, the time periods provided for herein may be shortened or extended.
(2)
In the case of an emergency, and only where an unacceptable level of risk to public health, safety and welfare would incur from any delay, the notification deadlines may be disregarded and the City Engineer may act decisively to reduce or eliminate the hazard. In such a situation, the City Engineer will then make every reasonable effort to confer with the land disturbance permit holder in a timely manner to resolve the concerns, which resulted in the suspension. Costs, including additional City staff time and equipment, shall be borne by the land disturbance permit holder.
Upon receipt of the notice of intended suspension or revocation, the land disturbance permit holder is to cease all work in connection with the land disturbance permit, with the exception of work necessary to correct any condition cited in the notice of proposed action as a ground for suspension or revocation, and work of an emergency nature. The time necessary for completion of these emergency corrections will be determined by the City Engineer.
(1)
Within twenty-four (24) hours following the conclusion of the conference, the City Engineer is to render a written decision, either revoking the land disturbance permit, suspending the land disturbance permit, or authorizing the land disturbance permit holder to proceed with the work. Such action may be with or without conditions. The decision is to be served upon the land disturbance permit holder by personal service or by first-class mail, postage prepaid, within twenty-four (24) hours after the rendition of the decision.
(2)
If the land disturbance permit holder fails to correct the objectionable or emergency conditions causing the revocation or suspension, the City may cause the work necessary to correct said conditions to be done, and the City may take action against the land disturbance permit holder's security to cover the cost of performing the work.
(3)
The City Engineer may either reinstate or revoke any land disturbance permit that has been suspended.
In the administration and enforcement of this Chapter, any duly authorized official or employee of the City shall have authority to enter upon the premises of the permitted site for the purposes of investigation and inspection; provided however, that such right of entry shall be exercised at reasonable times. No land disturbance permit holder shall refuse to allow such inspection. In the case where the responsible person is not a land disturbance permit holder, the Enforcement Authority is to provide twenty-four (24) hours written notice of the intent to inspect, except in emergency situations or when consent has been obtained of the owner and/or occupant of the site to be inspected. The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant as allowed by law.
Neither issuance of grading approval under the provisions of this Chapter, nor compliance with the provisions this Chapter, or with any conditions imposed in a land disturbance permit issued under the provisions of this Chapter, is to relieve any person from responsibility for damage to any person or property or impose any liability upon the City for damage to any person or property.
Nothing herein is to be construed as indicating that the City cannot immediately stop the work being performed if, in the opinion of the City Engineer, the damage being done is of such a nature that it requires immediate cessation of the work. This could result in the bypassing of the normal processes of notices and increasing levels of enforcement, which will typically be followed.
A bond shall be posted by each applicant at the time any permit for development or construction is issued for the purpose of ensuring compliance with the conditions of this Chapter. The bonded amount shall be determined by the City department issuing the permit and may be included in the calculation of any payment, improvements, or repair bond already required as a condition of permit approval, or as a separate bond.
Any person aggrieved of a final determination of the City Engineer in the issuance, denial, suspension or revocation of a land disturbance permit may appeal such decision of the City Engineer to the appeal authority by filing a written appeal with the City Recorder within thirty (30) days from the date of the City Engineer's decision. The appeal authority will give written notice to the City Engineer, the appellant, and all other persons requesting the same, specifying the place, date, and time of hearing the appeal.
(Adopted by Ord. No. #30-2007, 08/07/2007)