§ 50-228. Notice of noncompliance.

If, through inspection, it is determined that a person has engaged in land disturbing activities and has failed to comply with the terms and conditions of the permit, a written notice to comply shall be served upon the property owner or the agent of record only. Where a person has engaged in land disturbing activities without having first secured a permit therefor, notices under the provisions of this article may be served upon the person in charge on the site. The notice shall set forth the measures necessary to achieve compliance with the permit and shall state the time within which such measures must be completed. If the person engaged in land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article, and the developer shall be deemed to have forfeited the fiscal surety required under the provisions of section 50-224. The issuing authority may call the fiscal surety instrument or any part thereof to be forfeited and may use the proceeds to hire a contractor to bring the project into compliance.

(Ord. of 9-27-88; Code 1977, § 3-24.5-34; Ord. of 4-29-99)