§ 8-616. Inspections and enforcement.

(a)

Inspections.

(1)

The unified government engineer may inspect the work at the stages identified in section 8-615(d)(2). The unified government engineer may make additional inspections as he deems necessary. The unified government engineer has the right to waive inspections, except the final inspection as provided in section 8-614(i).

(2)

In addition to its own inspections, the unified government engineer may require that any portion of the construction of basins or structures be inspected and certified for structural integrity by a professional engineer at the permittee's expense. At the unified government engineer's option, the permittee shall obtain the services of a qualified erosion control professional to inspect the sediment and erosion control installation to provide the unified government with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations and criteria.

(b)

Notice to comply.

(1)

Except when an imminent hazard to the environment, public safety, or public or private property exists or where land disturbance activities are conducted without a permit or beyond the limits of disturbance covered in a permit, the unified government engineer shall issue a written notice to comply identifying sediment and erosion control deficiencies prior to the unified government initiating subsequent enforcement actions.

(2)

Conditions that constitute a deficiency to be addressed by a notice to comply include:

a.

Any land disturbance activity that violates a condition or requirement of the permit, the approved plan or any provisions of this article or of the design criteria and regulations;

b.

Failure of the permittee to comply with any provisions of this article or of the design criteria and regulations; or

c.

Failure of the approved plan to achieve the required erosion and sediment control objective due to site characteristics or conditions.

(3)

Corrective action, and time limits for compliance. Time limits shall be based on the immediacy and severity of the potential hazard to the environment, public safety, and public or private property and on the compliance history of the permittee including the number of previous verbal identifications of deficiencies.

(4)

Notice to comply may be delivered to the permittee or permittee's agent on site, or may be mailed or faxed or sent electronically to the permittee at the address or fax number or electronic address listed on application. Method of delivery is at the option of the unified government engineer.

(5)

Nothing in this section shall prohibit the unified government engineer from verbally identifying minor deficiencies to responsible personnel on site. Verbal identification of deficiencies does not constitute a notice to comply for the purpose of subsequent enforcement actions authorized in section 8-617(c) through (e).

(c)

Stop work orders.

(1)

If the permittee fails to correct deficiencies identified in the notice to comply within the specified time, or if an imminent hazard to the environment, public safety, or public or private property exists, or if land disturbance activities requiring a permit are conducted without a permit or beyond the limits of disturbance covered in a permit, then the unified government may post the site with a stop work order, directing that all construction activity on the site cease immediately. The stop work order or accompanying notice must specify the limits affected by the stop work order and the conditions under which work may resume.

(2)

Except for work required to correct deficiencies identified in the stop work order, the permittee shall immediately stop all work regulated by any unified government permit on the site covered by the stop work order, whether or not a permit for such work has been issued. The permittee is responsible for the actions of permittee's agents and shall notify those agents when a stop work order is issued that will affect an area within which the agents are to work.

(3)

A stop work order shall be delivered by posting a copy of the stop work order on the site of the land disturbance activity in reasonable proximity to a location where the land disturbance activity is taking place, or by delivery of the stop work order to the permittee's agent on site, or by mailing the stop work order to the permittee at the address listed on the application, or by combination of these methods.

(4)

Once the land disturbance deficiencies are corrected the unified government engineer shall lift the stop work order. Notice may be delivered to the permittee or permittee's agent on site, or may be mailed to the permittee at the address listed on the application.

(d)

Notice of default.

(1)

If the deficiencies identified in the notice to comply are not corrected within the time limits, or if the deficiencies identified in a stop work order are not corrected within seven calendar days, or if the unified government engineer determines the permittee has committed a breech of a permit condition the unified government engineer may issue a written notice of default. Except when an imminent hazard to the environment, public safety, or public or private property exists, the unified government engineer shall issue a notice of default prior to revocation of the permit or to commencing work that would create a lien.

(2)

Contents of notice shall state, as a minimum:

a.

Required corrective actions, and time limit for correction: the time limit shall not be less than seven calendar days from the date of postmark;

b.

The unified government's right to correct the deficiency if not corrected within time limit;

c.

The unified government's right to recover costs from the permittee or in the case that no permit has been issued the property owner; and

d.

The unified government's right to revoke the permit with no further notice if the deficiency is not corrected within the time limit.

(3)

Notice of default may be delivered to the permittee or permittee's agent on site, or may be mailed to the permittee or faxed at the address or fax number or sent electronically to the electronic address listed on the application. Method of delivery is at the option of the unified government engineer. In the case that no permit has been issued the notice of default may be delivered to the property owner at the address of record.

(e)

Unified government's right to correct and recover costs.

(1)

If the deficiency is not corrected within the time limit established in the notice of default or if an imminent hazard to the environment, public safety, or public or private property exists, then the unified government or its agents may go on the land and correct the deficiencies. Work may be accomplished by contract or otherwise at the discretion of the unified government engineer. Unified government is not obligated to provide cost estimates of the corrective work to the permittee or property owner prior to doing the work. Unified government is not obligated to seek the lowest cost for the corrective work.

(2)

The property owner shall reimburse the unified government for all costs incurred by the unified government to correct the deficiency, including construction, engineering, inspection, administrative costs and interest at the current rate published by the secretary of state pursuant to K.S.A. 16-204, and amendments thereto. The unified government may deny or delay all other permits on the subject property until the reimbursement is made. If in any event the amount due is not paid, the amount due may be certified to the unified government clerk and it shall, in accordance with law, become a lien upon the subject property. This amount shall be listed on the tax bill and be collected in the manner of ordinary taxes as authorized by law.

(f)

Other actions and penalties. Other actions unified government may take are revocation of permit pursuant to section 8-614(j) and assessment of fines pursuant to section 8-618.

(Ord. No. O-125-06, § 1(8-616), 12-14-2006)