§ 520.040. Enforcement., Chapter 520. Erosion and Sediment Control, Building and Construction, Code of Ordinances, Blue Springs

The Department of Codes Administration shall handle erosion control enforcement through the normal routine activities that include inspecting the site, communicating with the permit holder, contractor, developer, or owner, and issuing notices of non-compliance.

If erosion control measures are determined to be deficient in preventing the transfer of sediment from a construction site to an adjacent property and/or the public right-of-way, the Codes Administrator or their designee may immediately discontinue all inspections for the site.

In addition to immediately discontinuing all inspections for the site, upon the Codes Administrator’s determination that erosion control measures are deficient, but not hazardous, the Codes Administrator shall notify the contractor, developer, or owner to take remedial action to correct the deficiencies within two (2) regular business days. If the deficiencies have not been corrected within two (2) regular business days, the Codes Administrator may:

Issue a stop-work order for the site.

Remedy the deficiencies and bill the contractor, developer, or owner for the actual and administrative costs of remediation. If the contractor, developer, or owner fails to reimburse the City for correcting the deficiencies, the Codes Administrator may withhold certificate(s) of occupancy, including temporary certificate(s) of occupancy, for all contractor, developer, or owner's properties; and pursue remedies as provided in this Code of Ordinances.

Enforcement of tracking mud, debris, etc. Any contractor, developer, or owner and/or their employees and/or subcontractors who deposit, spill, drop or track any dirt, earth, mud, rock, sand, shale, debris, rubbish or other material on any right-of-way shall immediately remove the material from the right-of-way. If the contractor, developer, or owner and/or their employees and/or subcontractors fail to immediately remove the dirt, earth, mud, rock, sand, shale, debris, rubbish or other material from the right-of-way, the Codes Administrator may take any or all of the following actions:

Issue a stop-work order.

Discontinue all inspections for any site contributing to the violation.

Withhold certificate(s) of occupancy, including temporary certificates of occupancy(s), for any site contributing to the violation.

If the notice of violation is not complied with, the Codes Administrator shall institute the appropriate proceeding pursuant to City ordinances and at law or in equity to punish, restrain, correct or abate such violation, All other violations of this Chapter may be forwarded to the City Prosecuting Attorney for consideration of filing charges.

Any person who shall violate a provision of Chapter 520 or fail to comply therewith, or with any of the requirements thereof, in addition to any other remedy or action available to the City or Codes Administrator, shall be punished, upon conviction, pursuant to Section 100.080(C) of the Blue Springs Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

The imposition of the penalties herein prescribed shall not preclude the Codes Administrator or legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, abate a violation pursuant to Sections 245.060 through 245.150 and 245.270 herein and this Chapter, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.