Whenever the Director determines that any existing construction site, erosion and sedimentation problem, developed parcel with runoff containing contaminants, and/or drainage facility poses a hazard to life and limb, endangers any property, endangers the health of aquatic life and/or habitat, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of public right-of-way, utilities, waters of the State, and/or other property owned or maintained by the City, the applicant/person to whom the permit was issued pursuant to IMC 13.28.030, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take the measures necessary to eliminate the hazardous situation; provided, that the Director shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to IMC 13.28.030, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).