§ 38-36. Inspection and enforcement.

(a)

The city building inspector will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined in this section has failed to comply with the approved plan, with permit conditions, or with all provisions of this section, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this section.

(b)

The building inspector may conduct such investigations as he may reasonably deem necessary to carry out duties as prescribed in this section, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting land-disturbing activities.

(c)

No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(d)

The district or the commission or both shall periodically review the actions of the city pursuant to O.C.G.A. § 12-7-8(a). The district or the commission or both may provide technical assistance to the council for the purpose of improving the effectiveness of the erosion and sedimentation control program. The district or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

(e)

The division may periodically review the actions of the council pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of the city's ordinances and regulations and review of conformance with an agreement, if any, between the district and the council. If such review indicates that the council has not administered or enforced its ordinances or regulations or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(d), the division shall notify the council in writing. The council shall have 30 days within which to take the necessary corrective action to retain certification as an issuing authority. If the council does not take necessary correction action within 30 days after notification by the division, the division may revoke the certification of the council as an issuing authority.

(Amend. of 11-8-2016)