Ordinances-2012-313

Section 15: Required Inspections for Storm Water BMPs. The City must, on occasion, as determined by the City Engineer, inspect each storm water BMP to ensure that the storm water BMP is working properly to achieve the goals of this ordinance. In the event a storm water BMP is not working correctly, the City must notify the landowner per Section 11 of this ordinance. Section 16: Stop Work Order. When the City determines that any land-disturbing activity regulated by this ordinance is being performed in a manner contrary to the provisions of this ordinance, the City Engineer is authorized to issue a stop work order. 1. The stop work order must be in writing and will be served upon the owner of the site, responsible person, or to the person violating the requirements of this chapter. The stop work order must state the reason for the order and the conditions to be corrected prior to the lining of the stop work order. 2. Any person who continues any work after being served a stop work order, except such work as that person is ordered to perform to remove a violation or unsafe condition shall will be in violation of this ordinance. Section 17: Fees. 1. Prior to the approval of the storm water management plan, the applicant must submit an application fee as adopted by resolution of the City Council. 2. The fees for review and inspection will be adopted by resolution of the City Council. Section 18: Notice of Violation, Administrative Penalties. The City is hereby authorized to issue municipal infractions, in accordance with Chapter 364.22 of the Code of Iowa, to any person who violates a provision of this chapter; however, if the City determines that immediate enforcement action is necessary to achieve compliance with the requirements of this ordinance, then the City may proceed under Section 20 below. Section 19: Misdemeanor and Municipal Infraction Penalties. 1. Any person who fails to perform an act required by this ordinance or who commits an act prohibited by this ordinance or who resists the enforcement of any section of this ordinance will be guilty of a simple misdemeanor punishable by a fine or imprisonment as provided in the Code of Ordinances and the Code of Iowa. 2. Any person who fails to perform an act required by this ordinance or who commits an act prohibited by this ordinance or who resists the enforcement of any section of this ordinance will be deemed to have committed a municipal infraction in accordance with Chapter 3 of the Code of Ordinances. Section 20: Nuisance. Any violation of this ordinance will be deemed to be a public nuisance injurious to the public health, safety, and welfare. The City Attorney, in addition to the penalties in Sections 18 and 19 may correct said violation as a nuisance pursuant to Chapter 50 of this Code of Ordinances. Section 21: Remedies Not Exclusive. The remedies provided in this ordinance and otherwise in the Code of Ordinances are not exclusive, or in lieu of the rights and remedies that the City may have at law or in equity.