Article IV

• A. The erosion control inspector, or designated agent, shall make inspections as hereinafter required, and either shall approve that portion of the work completed or shall notify the holder of the grading permit how the work fails to comply with the plan as approved. Plans for grading, stripping, excavating, and filling work bearing the approval of the city engineer shall be maintained at the site during the progress of the work. The holder of the grading permit shall notify the erosion control inspector at least forty-eight hours prior to the start of construction.

• B. The erosion control inspector, or designated agent, is authorized to enter the property of the applicant as deemed necessary to make regular inspections to ensure the effectiveness of the plan and the need for additional control measures.

• C. The holder of the grading permit or his/her agent shall make regular inspections of all erosion control measures in accordance with the inspection schedule outlined on the approved plan(s).

• (Ord. 767 § 1(part), 2004; Ord. 772 § 2(part), 2005; Ord. 796 § 3, 2007)

• A. Stop Work Order – Revocation of Permit. In the event that any person holding a plan pursuant to this chapter violates the terms of the plan or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the building official may order the construction stopped by notice in writing, or may suspend or revoke the grading permit.

• B. Violation and Penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill or cause the same to be done, contrary to, or in violation of, any terms of this chapter. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. In addition, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.

• C. Appeals. Any person to whom a stop work order or revocation, grading permit or penalty is issued pursuant to these rules may appeal that determination to the city manager. A stop work order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. The notice of appeal must be in writing, and filed with the city manager within fifteen days from the date of the notice being appealed. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant's objections, and the appeal shall be dismissed. Unless the appellant and city agree to a longer time period, the appeal shall be heard by the city manager within thirty days of receipt of the notice of appeal. At least ten days prior to the hearing, the city shall mail the notice of the time and place of the hearing to the appellant. The city manager shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The hearing official shall issue a written decision within ten days of the date of the hearing. The decision of the city manager is final.

(Ord. 767 § 1(part), 2004; Ord. 772 § 2(part), 2005)