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§ 8-8 MARTINSVILLE CODE Sec. 8-8. Responsibility for administering and enforcing local control program. The building official shall have the overall responsibility for administering and enforcing the local erosion and sediment control program. (Ord. of 2-23-82, § 3.1) Sec. 8-9. Inspection and record of land-disturbing activities; correction of defects. (a) The building official is responsible for developing and implementing a systematic program for on-site inspection to insure that the erosion and sediment control measures on the approved plans are actually carried out. The building official may require monitoring and reports from the person responsible for carrying out the plan. Go) The building official is also responsible for developing and implementing a file system for land-disturbing projects. The file should contain a record of each inspection, date of inspec- tion, date land-disturbing activities commenced and comments concerning compliance and noncompliance. (c) A report shall be made of each inspection pursuant to this section. If there is a case of noncompliance, the report shall contain statements of the conservation measures needed for compliance and a recommended time in which such measures should be commenced and completed. The person responsible for the work shall be given a copy of the report so that he may correct those items which are not in compliance. The owner, occupier or operator shall be given notice of each inspection and an opportunity to accompany the inspector. (d) Upon determination that the items of noncompliance have not been corrected ~vithin the time specified in the inspection report referred to in subsection (c) above, the building official shall prepare a notice to comply containing a detailed description of the conservation measures necessary for compliance and the time within which such conservation measures shall be completed. The notice to comply shall be served upon the permittee or person respon- sible for carrying out the plan by registered or certified mail to the address specified in the permit application, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. Upon failure to comply within the time specified, the permit may be revoked, and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided under section 8-4. When no action is taken within the time specified in the notice to comply, the building official shall prepare a letter of intent to utilize ~he performance bond, cash escrow or other legal arrangements to apply the conservation measures to correct the deficiency. This letter of intent will be sent by registered or certified mall to the person responsible for carrying out the plan, and the building official shall utilize the performance guarantee which is in effect and request a local contractor to undertake the needed erosion control measures on behalf of the city. (e) Upon receipt of a sworn complaint of a substantial violation of this'chapter from the building official, the city manager may, in conjunction with or subsequent to a notice to comply, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged Supp. No. 24 494