§ 74-41. Inspection and enforcement.

(a)

The city will periodically inspect the sites of land-disturbing activities for which LDA permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If implementation of the approved plan does not provide for effective erosion control, the owner or operator shall install additional erosion and sedimentation control measures to control or treat the sediment source. The city shall regulate primary, secondary, and tertiary permittee's as such terms are defined in the state general permit. Primary permittee's shall be responsible for installation and maintenance of' best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittee's shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittee's shall be responsible for installation and maintenance of BMPs where the tertiary permittee is conducting land-disturbing activities.

(b)

Notice. If, through inspection, it is deemed that a person engaged in land-disturbing activities has failed to comply with the approved plan, LDA permit conditions, or the provisions of this article, an official notice or stop work order shall be served upon that person. The official notice or stop work order shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified in the notice, he or she shall be deemed in violation of this article.

(c)

Right of entry. The city shall conduct such investigations it may reasonably deem necessary to carry out duties as prescribed in this article, and for this purpose, to enter at reasonable time upon any property, public or private. for the purpose of investigation and inspecting the sites of land-disturbing activities. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this article is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

(d)

No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his or her official duties.

(e)

The districts or the commission or both may periodically review the actions of the city. The districts or the commission or both may provide technical assistance to the city for the purpose of improving the effectiveness of the city's erosion and sedimentation control program. The districts or the commission may notify the division and request investigation by the division if any deficient or ineffective local program is found.

(f)

The division may periodically review the actions of the city, Such review may include, but shall not be limited to, review of the administration and enforcement of the city's ordinance and review of conformance with an agreement, if any, between the district and the city If such review indicates that the city has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the city in writing. The city shall have 90 days within which to take the necessary corrective action to retain certification as an issuing authority. If the city does not take necessary corrective action within 90 days after notification by the division, the division may revoke the certification of the city as an issuing authority.

(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 2010-43(10-O-0808), § 7, 7-27-10)