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<br />(3) The professional opinion of the engineer regarding the current functionality of the <br />BMP and its ability to provide total suspended solids removal in accordance with the original <br />design specifications for the BMP. <br /> <br />(4) Recommendations of the engineer regarding the need for maintenance or <br />modification of the BMP to meet original design specifications. <br /> <br />(c) If an entity responsible for maintaining a permanent BMP fails to properly maintain the <br />BMP, the planning director will send a written notice to the entity to correct the problem within <br />a reasonable time set by the planning director, not less than five nor more than 30 days from the <br />entity's receipt of the notice. If the entity fails to comply with the notice, the planning director <br />may initiate one or more of the following: <br /> <br />(1 ) Enforcement action against the entity through the city attorney. <br /> <br />(2) Proper maintenance of the BMP by use of city forces or a private contractor. <br /> <br />(3) Withholding of further permits, inspections or approvals for any other development <br />at the site served by the BMP. <br /> <br />(d) If the planning director undertakes maintenance of a BMP under subdivision (c )(2), the <br />finance director will send a statement of the costs for the maintenance, including an <br />administrative fee set by the city council, to the entity. If the full amount of the statement is not <br />paid to the city within 30 days of the issuance of the statement, the finance director will certify <br />the charges as a lien against the property on which the BMP is located, and the city attorney <br />may initiate legal action to collect the unpaid amount from the entity. <br /> <br />(a) If any solution openings, caves, sinkholes, or similar features are discovered on a site during <br />the construction process, tho holder or the holder's designated representative must: <br /> <br />(1) immediately suspend all excavation and construction activities; <br /> <br />(2) immediately notify the planning director of the discovery; and <br /> <br />(3) retain a qualified geologist to inspect the feature and make a recommendation to the <br />planning director based on the relative sensitivity of the feature. <br /> <br />(b) The plar..ning director may require that the holder amend the approved development plat to <br />adequutely protect the ne'",ly discovered feature. The planning director '",ill re'.'iew the <br />available information and '.vi thin tV/O '.vorking days of notification of the feature, will decide <br />whether to allow any regulated activities to resume at the site pending the amendment, and if so, <br />at what locations. The planning director will reviev/ and approve or deny a requested <br />amendment within five v,'Orking days of submission of the geologic assessment and amended <br />development plat for the newly disco','cred feature. The holder may appeal a denial in <br />accordance with section 91.515. <br /> <br />C:\TEMP\Edwards Regulations revision final.doc <br /> <br />36 <br />