Duluth UDC § 1007.03

If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan 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 274 | P a g e Article Ten. Erosion Control and Stormwater Management shall be deemed in violation of Division I of this Article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section 1005.02(5). The Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. 1. A written notice stating that there has been a failure to comply with the approved plan or Division I of this Article shall be served on that person. The written notice shall contain the following: a. a description of the problem that constitutes a failure to comply, b. the measures necessary to achieve compliance and c. a specific date and time by which compliance must be obtained. 2. If compliance has not occurred before the date and time specified in the written notice, the person shall be deemed in violation of Division I of this Article and all remedies under Division I shall be available to the City. The bond required under Section 1005.02(5) shall be deemed forfeited upon failure to comply within the time frame allowed by the written notice. 3. In order to use the forfeited bond, the City must send written notice to the person stating that the bond has been forfeited by the failure to obtain compliance within the specified time. The notice of bond forfeiture shall include information concerning the appeal of the automatic forfeiture. The notice shall state that an appeal must be filed with the City Manager within ten days of the date of the notice of bond forfeiture. The notice shall state that if an appeal is not filed within ten days of the date of the notice of bond forfeiture, the City will use the bond to obtain compliance with the City’s ordinance. 4. Any appeal shall be heard in accordance with the procedures of the Appeals Article.