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O-2010-3216 amending Chapter 34-Environment
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O-2010-3216 amending Chapter 34-Environment
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Last modified
11/2/2016 3:39:29 PM
Creation date
1/30/2010 3:06:18 PM
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Legislative Records
Legislative Type
Ordinance
Date
1/25/2010
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<br />(b) The city, acting through the city attorney or any other attorney representing the city, is <br />hereby authorized to enter into agreements in lieu of litigation to achieve compliance <br />with the terms, conditions and restrictions of any permit issued under this article or the <br />provisions of this article. <br /> <br />The city's authority in Subsections (a) and (b) is in addition to all provisions of this Code relative <br />to the definition of offenses and the provision of penalties for violations of such offenses. <br /> <br />Sec. 34-193. Stop orders. <br /> <br />(a) Whenever any work authorized by a construction permit is being performed contrary to <br />the provisions of divisions 2 or 3 of this article, or other pertinent laws or ordinances <br />implemented through the enforcement of this article, the building official or the city <br />engineer may order the work (other than work to cure a violation) stopped by notice in <br />writing served on any persons performing the work or causing the work to be performed, <br />and any such persons shall forthwith stop the work until authorized by the building <br />official or the city engineer to proceed with the work. <br /> <br />(b) At the time a stop order is issued, the person performing the work and the permit holder <br />shall be given notice of a right to a hearing on the matter pursuant to section 116.2 of the <br />Building Code for permits authorized by that code or pursuant to section 34-197 of this <br />Code for all other construction permits. Upon request, such a hearing shall be held within <br />three business days unless the permit holder or person who was performing the work <br />requests an extension of time. Any stop order that has been issued shall remain in effect <br />pending any hearing that has been requested unless the stop order is withdrawn by the <br />building official or the city engineer. <br /> <br />Sec. 34-194. Nuisances. <br /> <br />An actual or threatened discharge to the MS4 that violates or would violate this article is <br />hereby declared to be a nuisance and shall be subject to enforcement pursuant to this Code. <br /> <br />Sec. 34-195. Emergency suspension of utility service and MS4 access. <br /> <br />(a) When the director of the department of public works determines that a person is causing <br />or threatening to cause a discharge to the MS4 or a publicly owned treatment work in <br />violation of this article that: <br /> <br />(1) Presents or may present an imminent and substantial danger to the environment or <br />to the health or welfare of persons; or <br /> <br />(2) Presents or may present an imminent and substantial danger to the MS4 or waters <br />of the United States; <br /> <br />7 <br />
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