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E. Action Against the Financial Security. The city may act against the financial <br />security if any of the conditions listed below exist. The city shall use funds <br />from this security to finance any corrective or remedial work undertaken by <br />the city or a contractor under contract to the city and to reimburse the city <br />for all direct cost incurred in the process of remedial work including, but not <br />limited to, staff time and attorney's fees. <br />1.) The developer ceases land disturbing activities and/or filling and <br />abandons the work site prior to completion of the grading plan. <br />2.) The developer fails to conform to any city approved grading plan <br />and/or the storm water pollution control plan as approved by the city. <br />3.) The techniques utilized under the storm water pollution control plan <br />fail within one year of installation. <br />4.) The developer fails to reimburse the city for corrective action taken <br />under Section 8. <br />F. Returning the Financial Security. Any unspent amount of the financial <br />security deposited with the city for faithful performance of the storm water <br />pollution control plan and any storm water and pollution control plan related <br />remedial work must be released one full year after the completion of the <br />installation of all such measures and the establishment of final stabilization. <br />'9 <br />9.27.21 Notification of Failure of the Storm Water Pollution Control Plan <br />The city shall notify the developer, when the city is going to act on the financial securities part of <br />this ordinance. <br />Subdivision 1. Notification by the City. The initial contact will be to a party or parties <br />listed on the application and/or the storm water pollution control plan. Forty-eight (48) hours <br />after notification by the city or seventy-two (72) hours after the failure of erosion control <br />measures, whichever is less the city, at its discretion, may begin corrective work. Such <br />notification should be in writing, but if it is verbal, a written notification should follow as <br />quickly as practical. <br />Subdivision 2. Erosion Off -Site. If erosion breaches the perimeter of the site, the <br />applicant shall immediately develop a cleanup and restoration plan, obtain the right -of -entry <br />from the adjoining property owner, and implement the cleanup and restoration plan within <br />forty-eight (48) hours of obtaining the adjoining property owner's permission. In no case, <br />unless written approval is received from the city, shall more than seven (7) calendar days go by <br />without corrective action being taken. If in the discretion of the city, the applicant does not <br />repair the damage caused by the erosion, the city may do the remedial work required and <br />charge the cost to the applicant. <br />Page 18 of 21 Storm Water Pollution Control Ordinance <br />November 8, 2006 <br />