Title 16 - Buildings and Construction

16.200.070 Enforcement

1. A.
   In General.  The Director shall handle enforcement of the provisions of this Chapter through routine activities that include receiving inspection reports from the Permit Holder when requested, inspections, and communication with contractors.  However, if these methods fail, the Director may proceed with any or all of the following enforcement measures:

   1. 1.
      Refusal of Inspection.  Request for an inspection of any permitted construction activity may be denied if it is found that Erosion and Sediment control measures have not been implemented, or are found to be ineffective or are not maintained.  If an inspection is refused, a notice of violation or a stop work order may be issued.  No further inspections will be performed until the Erosion and control measures have been implemented or violations of Chapter 16.200 or Title 18 abated.
   2. 2.
      Notice of Violation.  The Director is authorized to serve a Notice of Violation or order on any Person found to be doing work in violation of the provisions of Chapter 16.200 or Title 18 of the Code.  Such order shall direct the discontinuance of the illegal action or condition and order the abatement of the violation by the responsible Person.
   3. 3.
      Stop Work Order.  The Director is authorized to issue a stop work order for any or all construction activity within the established boundary of the Permit.  The stop work order shall be in writing and shall be given to the owner of the property involved, or the owner’s agent or to the Person doing the work.  In addition, notice of the stop work order shall be posted on the site.  Upon issuance of a stop work order, the cited work shall immediately cease.  The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.  Any Person who shall continue to work after having been served with a stop work order, except such work as that Person is directed by the City to perform to remove a violation or unsafe condition, is guilty of a public offense and may be subject to penalties as prescribed herein.
   4. 4.
      Abatement.  Should any Person fail to comply with the provisions of this Chapter, the Director is authorized to correct or abate such violation.  This action can be taken in lieu of, or in conjunction with, any action taken under O.P.M.C. Section 1.12.010, or enforcement actions set forth in this Chapter.

      1. a.
         City expenditures to correct or abate a violation shall be assessed as a fee against the Land Disturbance, Site Development, Building Permit or any other Permit issued for work at the same site.  The City will keep a record of the abatement costs.  The fee shall be paid prior to recommencement of work on the site and prior to any further inspections.  If the fee is not paid within 30 days of the date the invoice is sent to the Permit Holder, the Director is authorized, as the Director deems appropriate, to expend additional abatement funds to provide permanent soil stabilization on the site.  Such additional expenditures shall also be assessed as a fee against the Land Disturbance, Site Development, Building Permit, or other Permit issued for work on the same site.
      2. b.
         Should the Permit become suspended, revoked, or expired with the fee not paid, all City expenditures to correct or abate the violation may be assessed as a lien and special assessment against the lot or parcel of land on which the permitted activity took place.  The same abatement and collection procedure shall apply if work is done without the issuance of a Permit.  The City Clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the costs and the County Clerk shall extend the same on the tax rolls of the county against the lot or parcel of land.
2. B.
   Abatement Funds.  Prior to approval of Land Disturbance Permits (LDP) or Site Development Permits (SDP) that authorize the disturbance of one (1) acre or more of land, the Director shall require surety in the form of a cash deposit or letter of credit, approved by the City, to be used to offset the costs of abatement of erosion and sediment caused by the land disturbance, including removal of the temporary BMPs and where applicable, their replacement by the final segments of the storm sewer system.  The surety amount, established and reviewed annually by the Director, shall be based on the estimated cost to the City of providing temporary Erosion control and establishing Perennial Vegetation on typical project sites and may be increased to include costs associated with removing temporary BMPs and constructing the final segments of the storm sewer system.  The surety amount will be proportioned based on the acreage of the site.  If the surety is furnished in the form of a letter of credit, the amount shall equal the surety amount or five thousand dollars ($5,000), whichever is greater.  Amounts not used for abatement shall be returned to the Permit Holder after final inspection and approval to close the Permit.
   
   The Director may waive surety requirements when projects have building construction activities in conjunction with land disturbance activities, provided all of the following conditions are met:

   1. 1.
      The City has accepted an application for a building permit for construction of a building on the same lot.  The LDP or SDP may include work on property contiguous with the building lot, provided all property is under the same ownership.
   2. 2.
      All buildings and property will remain under a single ownership until closure of the LDP or SDP.  If requested by the City, the applicant must submit a written certification verifying this condition.
   3. 3.
      Applications for all Building Permits, SDP or LDP are made by same party.

1.   
   When a surety is waived, enforcement action for erosion and sediment control violations may be taken against the Building Permit holder.

3. C.
   Violations and penalties.

   1. 1.
      Any Person who violates a provision of this Ordinance, fails to comply with any of the requirements thereof or fails to comply with a directive issued by the Director is guilty of a public offense and shall be subject to penalties as provided in Overland Park Municipal Code Section 1.12.010.
   2. 2.
      The Director shall be permitted to cite the owner, or any/all Persons identified on a Permit as being legally responsible to the City for any violations of the Ordinance pertaining to that Permit.  

(History: Ord. BC-2523 §5, 2005; BC-2419 §1, 2003)

Effective on: 1/1/1901