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(2) A history of maintenance activities performed on the BMP during the past year. (3) The professional opinion of the engineer regarding the current functionality of the BMP and its ability to provide total suspended solids removal in accordance with the original design specifications for the BMP. (4) Recommendations of the engineer regarding the need for maintenance or modification of the BMP to meet original design specifications. (c) If an entity responsible for maintaining a permanent BMP fails to properly maintain the BMP, the planning director will send a written notice to the entity to correct the problem within a reasonable time set by the planning director, not less than five nor more than 30 days from the entity's receipt of the notice. If the entity fails to comply with the notice, the planning director may initiate one or more of the following: (1) Enforcement action against the entity through the city attorney. (2) Proper maintenance of the BMP by use of city forces or a private contractor. (3) Withholding of further permits, inspections or approvals for any other regulated activities at the site served by the BMP. (d) If the planning director undertakes maintenance of a BMP under subdivision (c )(2), the finance director will send a statement of the costs for the maintenance, including an administrative fee set by the city council, to the entity. If the full amount of the statement is not paid to the city within 30 days of the issuance of the statement, the finance director will certify the charges as a lien against the property on which the BMP is located, and the city attorney may initiate legal action to collect the unpaid amount from the entity. Sec. 94.528. Requirements for unregulated activities, and for regulated activities not covered by a development plat or subdivision construction plans. (a) Temporary erosion and sedimentation controls are required to be installed and maintained for the following activities that are not regulated activities, if they occur in the recharge zone or in an area of the transition zone that drains across the recharge zone: (1) The construction or remodeling of one single family home on a legally platted lot. (2) The installation or maintenance of utility lines by a governmental entity. (3) Landscaping activities involving more than 5,000 square feet of area of landscape installation. (4) The resurfacing of existing paved roads, parking lots, sidewalks, or other development-related impervious surfaces. (b) Temporary erosion and sedimentation controls are required to be installed and maintained for regulated activities that are not required to be covered by.a development plat or subdivision construction plans if the activities occur in the recharge zone or in an area of the transition zone that drains across the recharge zone. (c) All temporary erosion and sedimentation controls required under this section must: (1) meet the applicable standards and requirements of the TNRCC Edwards Aquifer rules and the TNRCC BMP guidance manual; (2) must be installed prior to commencing construction; (3) must be maintained during construction; and (4) may be removed only when vegetation is established and the construction area is stabilized. 15