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----...,-- ! ..... '!'_"'" ,... -""-,' ORDINANCE NO. 561 CITY OF NEW BRIGHTON COUNTY OF RAMSEY STATE OF MINNESOTA ... , ~ 1\ AN ORDINANCE AMENDING CP~PTER 7 OF THE CITY CODE TO REQUIRE DEPOSITS FROM PERMIT HOLDERS TO ENSURE CLEAN UP OF EROSION DAMAGE TO PUBLIC PROPERTY The City of New Brighton does ordain: Chapter 7 of the City Code is hereby amended by adding a new Division 3 to Article V as follows: '. Division 3. Erosion Clean Up Section 7-99. Erosion Control. Every person to whom a building or other construction related permit is issued shall take all reasonable steps to prevent or minimize damage to private or public property caused by erosion . from the construction site. When erosion occurs despite such efforts, the permit holder shall promptly act to clean up and restore to its original condition, public or private property damaged by such erosion. Section 7-100. Deposit Required. To ensure that sufficient funds are available for the City to clean up erosion damage in the event said work is not performed by the permit holder, all persons obtaining a building or otheri construction related permit shall post a deposit with the City. The deposit! shall be in the amount determined by the city council by resolution. This requirement shall apply to all permits for new construction and for projects involving the exposure of more than 25 square feet of earth. Section 7-101. City Engineerl s Inspection. The permit holder shall' promptly remove dirt and other debris originating on the construction site from adjacent streets, storm sewers and other public facilities, such dirt andi debris being hereby declared a nuisance. If the permit holder performs such. work to the satisfaction of the city engineer, the city engineer shall authorize that the deposit be returned upon completion of a construction, .project. If the work has not been performed to the satisfaction of the city: engineer, the city engineer shall order the permit holder to perform the I necessary work and shall establish a time period for its completion. If the work is not performed in a timely or satisfactory manner, the city engineer' may order the work done by city personnel or independent contractors. Upon .completion of the work by city personnel or independent contractors, the city engineer shall calculate the amount to he reimbursed to the City and sha111 return to the permit holder only that portion of the deposit in excess of the! City's cost. If the deposit proves to be insufficient, the City shall bill the property owner. If the bill is not paid, the City may access the cost against the property in accordance with Minnesota Statutes, Chapter 429. Section 7-102. Easement; Indemnification. The form by which the! permit holder shall make the deposit with the City for the described purpose! shall provide that the permit holder or other appropriate party shall grant to ,the City and its agents a temporary easement over the site for the purpose of ,restoring erosion damage. The form shall also provide for the indemnification ,of the C~ty by the permit ~older or other appropriate party for property! . damage whlch occurs on the 8J. te or other property if the City is required to . perform the clean up work.