A. 
Compliance inspections.
(1) 
The SMO may require such inspections as necessary to determine compliance with these regulations and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of these regulations and the stormwater pollution prevention plan (SWPPP) as approved. The applicant shall notify the SMO when any of the following occurs:
(a) 
Commencement of construction.
(b) 
Commencement of installation of sediment and erosion control measures.
(c) 
Commencement of site clearing.
(d) 
Commencement of rough grading.
(e) 
Close of the construction season.
(f) 
Completion of final landscaping.
(g) 
Successful establishment of landscaping in public areas.
(2) 
Additionally, the City of Ithaca may conduct random inspections during any phase of construction.
(3) 
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
B. 
Stormwater management practice inspection. The City of Ithaca Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
C. 
Inspection of stormwater facilities after project completion. Inspection programs shall be established on a reasonable basis, including, but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharge of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit. The City of Ithaca may join inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
D. 
Designation of inspectors. Inspections may be performed by City of Ithaca staff, or the Stormwater Management Officer may designate a licensed professional as inspector.
E. 
Submission of reports. The City of Ithaca Stormwater Management Officer may require such monitoring and reporting from entities subject to these regulations as are necessary to determine compliance with these regulations.
F. 
Right of entry for inspections. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater sewer system, the landowner shall grant the City of Ithaca right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C herein.
A. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the City of Ithaca in its approval of the stormwater pollution prevention plan, the City of Ithaca may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the City of Ithaca as the beneficiary. The security shall be in an amount to be determined by the City of Ithaca based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the City of Ithaca, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the City of Ithaca. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the City may require the developer, prior to construction, to provide the City with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the City of Ithaca may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The City of Ithaca may require entities subject to these regulations to maintain or submit records demonstrating compliance.
A. 
Notice of violation. When the City of Ithaca determines that a land development activity is not being carried out in accordance with the requirements of these regulations, it shall issue a written notice of violation to the landowner. The notice of violation shall contain:
(1) 
The name and address of the landowner, developer or applicant;
(2) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
(3) 
A statement specifying the nature of the violation;
(4) 
A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
(5) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
B. 
Stop-work /stabilization orders. In the event of a violation of these regulations, the City of Ithaca may issue an order to stop-work and/or to stabilize any disturbance, pending correction of the violation or a judicial determination. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violation(s) leading to the stop-work/stabilization order. The stop-work/stabilization order shall be in effect until the City of Ithaca confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work/stabilization order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
C. 
Violations. Any land development activity that is commenced or is conducted contrary to these regulations may be restrained by injunction or otherwise abated in a manner provided by law.
D. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of these regulations shall be punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $500 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $750 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. For the purpose of determining the appropriate fine, each day on which the violation continues to exist shall be considered a separate offense.
E. 
Withholding of certificate of occupancy. If any building or land development activity is installed or constructed in violation of these regulations, said building or land may be denied a certificate of occupancy.
F. 
Restoration of lands. Any violator who continues to fail to comply with these regulations after having been adjudged in violation thereof by a court, and, after having been given a reasonable opportunity to comply, may be required to restore land to its undisturbed condition upon direction of the SMO. In the event that restoration is not undertaken within a reasonable time after notice, the City of Ithaca may take necessary corrective action, and the cost thereof shall be assessed against the property, added to its tax, and become a lien thereon, collectible in the same manner as delinquent City taxes.
The City of Ithaca may require any person undertaking activities regulated herein to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or stormwater management practice maintenance performed by the City or performed by a third party for the City, including but not limited to engineers' or attorneys' services and fees.
A nonrefundable application fee shall be submitted with each SWPPP in an amount as the Common Council may, from time to time, establish by resolution.
The SMO may grant an exception during the review process to any requirement of this Part 1 using the following criteria:
A. 
There is sufficient documentation of special circumstances applicable to the subject property or its intended use; and
B. 
The granting of an exception will not result in:
(1) 
An increase in the rate or volume of surface water runoff.
(2) 
An adverse impact on a wetland, watercourse, or water body.
(3) 
Degradation of surface water and groundwater water quality.
C. 
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 282-9, and the SWPPP shall be prepared by a licensed professional.
The City of Ithaca shall not be liable or responsible for any injury to persons or damage to property due to the City's actions, or failure to act, under or pursuant to these regulations, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the City. All owners and entities working upon or engaged in any clearing, grading, excavation, construction, cleanup, remediation, or restoration work pursuant to a SWPPP shall indemnify, keep and save harmless the City from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the City from or by reason of or on account of accidents, injuries, damages, and/or losses to persons or property. This indemnity provision shall be construed and applied to the maximum extent permitted by law. The City may require that any such person or entity procure liability insurance in a minimum amount of $1,000,000 per incident per person, and that the City be named an additional insured thereunder.