A. Fees shall be charged all applicants for dust control permits, plan review and costs incurred in the administration of this program, such as investigation of violations, preparation for hearings, hearings, and the collection process. The fee assessed shall be the amount set in the city fee schedule.

B. If construction activity begins prior to obtaining a dust control permit, the owner or operator shall pay a late fee of twice the normal fee.

C. If during any one hundred eighty (180) day period an owner and/or operator has three (3) violations that have been adjudicated either civilly or criminally for the same owner and/or operator, the city may require the posting of a surety bond, an irrevocable letter of credit, a cash certificate or deposit, or an equivalent form approved by the city in an amount necessary to ensure implementation of the mitigation measures set forth in the approved dust control permit for the subject site(s). If an owner and/or operator has two (2) or more violations that have been adjudicated either civilly or criminally for: failure to obtain a dust control permit; failure to implement best management practices; or failure to comply with a corrective action order, the city may, as a condition of obtaining or maintaining a dust control permit, issue a corrective action order requiring the owner and/or operator to post a surety bond, an irrevocable letter of credit, a cash certificate or deposit, or an equivalent form approved by the city in an amount necessary to ensure the implementation of the mitigation measures set forth in said dust control permits. (Ord. 2007-12-005, 12-6-2007)