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<br />Subdivision 3. Erosion into Streets, Wetlands or Water Bodies. If eroded soils (including <br />tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or <br />other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant <br />shall provide all traffic control and flagging required to protect the traveling public during the <br />cleanup operations. <br /> <br />Subdivision 4. Failure to Do Corrective Work. When an applicant fails to conform to any <br />provision of this policy within the time stipulated, the city may take the following actions: <br /> <br />A. Withhold the scheduling of inspections and/or the issuance of a Certificate <br />of Occupancy. <br /> <br />B. Revoke any permit issued by the city to the applicant for the site in question <br />or any other of the applicant's sites within the city's jurisdiction. <br /> <br />C. Direct the correction of the deficiency by city forces or by a separate <br />contract. The issuance of a permit constitutes a right-of-entry for the city or <br />its contractor to enter upon the construction site for the purpose of correcting <br />deficiencies in erosion control. <br /> <br />D. All costs incurred by the city in correcting storm water pollution control <br />deficiencies must be reimbursed by the applicant. If payment is not made <br />within thirty (30) days after costs are incurred by the city, payment will be <br />made from the applicant's financial securities as described in Section 7. <br /> <br />E. If there is an insufficient financial amount, in the applicant's financial <br />securities as described in Section 7, to cover the costs incurred by the city, <br />then the city may assess the remaining amount against the property. As a <br />condition of the permit, the owner shall waive notice of any assessment <br />hearing to be conducted by the city, concur that the benefit to the property <br />exceeds the amount of the proposed assessment, and waive all rights by <br />virtue of Minnesota Statute 429.081 to challenge the amount or validity of <br />assessment. <br /> <br />9.27.22 Variance. <br /> <br />In any case where, upon application of the responsible person or persons, the city finds that by <br />reason of exceptional circumstances, strict conformity with this ordinance would be <br />unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may <br />grant a variance there from upon such conditions as it may prescribe for prevention, control, or <br />abatement of pollution in harmony with the general purposes of this ordinance. <br /> <br />Subdivision 1. Variance Request. The variance request must be in writing, will be <br />reviewed by staff and forwarded to the Public Works Committee. <br /> <br />Page 19 of21 <br />November 8, 2006 <br /> <br />Storm Water Pollution Control Ordinance <br />