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permittee or person responsible for carrying out the plan shall be deemed <br />to be in violation of this chapter and upon conviction shall be subject to <br />the penalties provided under section 8.4. When no action is taken within <br />the time specified in the Notice to Comply, the Building Official shall <br />prepare a letter of intent to utilize the performance bond, cash escrow or <br />other legal arrangements to apply the conservation measures to correct the <br />deficiency. This-letter of Intent will be sent by registered or certified <br />mail to the person responsible ~or carrying out the plan, and the Building <br />Offtcial-shall-..utiliz~.the performance-. guarantee which is ~n effect and <br />~equest--a.-.=.local-~-contracto~_.to undertake --the needed erosion control <br />measures..on behalf of the City. <br />(Ord. of 2-23-82, s 3.9) <br /> <br /> (e) Upon receipt of a sworn complaint of a substantial violation of <br />this chapter from the Building Official, the City Manager may, in <br />conjunction with or subsequent to a Notice to Comply, issue an order <br />requiring that all or part of the land-disturbing activities permitted on <br />the site be stopped until the specified corrective measures have been <br />taken. Where the alleged non-compliance is causing or is in imminent <br />danger of causing harmful erosion of lands or sediment deposition in <br />waters within the watersheds of the Commonwealth, such an order may be <br />issued whether or not the alleged violator has been issued a Notice to <br />Comply. Otherwise, such an order may be issued only after the alleged <br />violator has failed to comply with a Notice to Comply. The notice shall <br />be served in the same manner as a Notice to Comply, and shall remain in <br />effect for seven days from the date of service pending application by the <br />Building Official or alleged violator for appropriate relief to the <br />Circuit Court. Upon completion of corrective action, the order shall <br />immediately be lifted. Nothing in this section shall Prevent the City <br />from taking any other action specified in this chapter. <br /> <br />Sec. 8-10. <br /> <br />Duty of Building Official with respect to complaints <br />concerning control measures; procedure in case of approved, <br />but ineffective, control measures. <br /> <br /> (a) The Building Official shall be responsible for handling <br />complaints concerning absent or ineffective erosion control measures. <br /> <br /> (b) When, upon investigation, it is determined, that ineffective <br />erosion control measures are being followed, but such measures are in <br />accordance with approved plans, the Building Official shall mcct with the <br />persen respon~ibl~ for ~rryin~ ~u~ ~h~ plan and ~orr~iva moaguroc ~hall <br />bc diccuecod and docidod upon mutually.. give notice in writing to the <br />applicant, stating the necessary actions required to correct the <br />ineffective measures. The notice shall state the time allowed to make the <br />corrections and shall be considered as an amendment to the original plan. <br />(Ord. of 2-23-82, s 3.9) <br /> <br />Sec. 8-11. Plan review and inspection fee. <br /> <br /> At the time an applicant submits his erosion and sediment control plan <br />and permit application under this chapter, he shall also submit a plan <br />review and inspection fee of fifteen dollars ($15.00), plus one dollar <br />($1.00) per acre of land being disturbed or five dollars ($5.00) per <br />building lot, whichever is greater. The maximum fee shall be one hundred <br />fifty dollars ($150.00). <br />(Ord. of 2-23-82, s 3.8) <br /> <br /> <br />