16.26.150 Stop work orders/permit revocation.
A. Permit Suspension/Revocation. The Director shall suspend work or revoke a permit, as appropriate, if the Director finds that:
1. The work is not authorized by a valid permit; or
2. Inaccurate information was used to obtain the permit; or
3. The permittee is not complying with the terms or conditions of the permit or approved plans; or
4. The work is, in the Director’s judgment, adversely affecting the public health, safety, or welfare; or is a hazard to property; or is adversely affecting, or could adversely affect, adjacent property including a right-of-way, a drainage way, a watercourse, an environmentally critical area, a stormwater facility or a stormwater treatment and flow control BMP; or
5. Adverse weather is causing significant problems on or off site; or
6. The required project surety has been expended to the point that it no longer provides assurance of completion of the project in compliance with the terms of the permit; or
7. Contamination of site soils from hazardous materials are encountered during the course of site work that were previously unknown, and pose a potential risk to human health or the environment, and such discovery of contamination requires notification to the Department of Ecology or other appropriate agency in accordance with State or Federal regulations. Suspension of work will continue until the Director is properly notified or is provided with other information that State and Federal regulations are being complied with and continuation of site work is appropriate; or
8. Not installing TESC facilities in accordance with the approved TESC plans prior to initiation of construction activities; or
9. Not maintaining TESC facilities in accordance with the approved TESC plans; or
10. Turbidity in stormwater leaving the site exceeds 100 NTU in a rainfall event less than the 10-year/24-hour event (3.5 inches), as measured at the City’s rain gauge; or
11. Not submitting within 30 days of written notification by the City for an updated TESC plan to the City if the approved TESC plan is found to be ineffective or construction sequencing or other changed site conditions make it necessary to modify the original TESC plan to make it compliant with the requirements of the Stormwater Design Manual; or
12. Not having a certified erosion and control lead (CESCL) available at the site to direct implementation of the TESC plan, if an on-site CESCL is required by the site work permit.
B. Stop Work Order. The Director shall issue the permittee a written stop work order specifying the nature of the violation or problem which must be remedied prior to resuming other work on the project. If the permittee does not comply with the order within the time specified, the Director, as an alternative to other remedies, may enter the project site and perform the required work. All costs incurred by the City in performing such work shall be drawn against the surety posted by the permittee. In the absence of sufficient surety, the City may place a lien against the property in the amount of the funds expended to perform the required work. Removal of a stop work order by anyone other than authorized City personnel is a civil violation.
C. Restoration. Violators of this chapter, or of a permit issued hereunder, shall be responsible for restoring unlawfully damaged areas in conformance with the applicable Issaquah Municipal Code, approved by the Director, which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s).
1. Any person who alters a protected area including an environmentally critical area as defined in Chapter 18.802 IMC, native growth protection easement, protected trees, greenbelt, open areas, or areas of native vegetation within the development site that are not part of the development proposal without a permit, in violation of a permit, or in any way not permitted, and any property owner upon whose property such an area has been so altered, shall submit a plan for restoration to the Director. Upon approval of the restoration plan and other necessary permits, the person or property owner, or both, shall restore the critical area in accordance with the approved plan at his/her expense pursuant to a schedule approved by the Director.
2. Restoration Plan Requirements.
a. The Director shall specify plan submittal requirements, including the type, level of detail and number of copies for an enhancement or restoration plan to be deemed complete and acceptable. See IMC 16.26.060(C).
b. The Director may waive plan submittal requirements determined to be unnecessary, or may require additional material necessary to fully review the proposed restoration or enhancement.
D. Prohibition of Further Approvals. The City shall not accept, process, or approve any application for a subdivision or any other development permit or approval or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means acceptable to the Director and by payment of any penalty imposed for the violation. (Ord. 3023 § 28, 2023; Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).