[Ord. No. 11042013 §II, 11-4-2013]
It shall be the duty of the City Engineer to bring to the attention of the City Attorney any violation or lack of compliance herewith.
[Ord. No. 11042013 §II, 11-4-2013; Ord. No. 12052016 § XXIX, 12-5-2016; Ord. No. 04152019A, 4-15-2019]
It shall be a violation of this Code for any person, firm or corporation to fail to comply with any of these regulations, and upon conviction thereof such person, firm, or corporation shall be fined not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00) for the first violation, two hundred seventy- five dollars ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent violations, for offenses committed within a twelve-month period. Each day of non-compliance shall constitute a separate violation.
[Ord. No. 11042013 §II, 11-4-2013; Ord. No. 04152019A, 4-15-2019]
The City Engineer shall be responsible for determining whether the stormwater management plan is in conformance with requirements specified in Article IV, whether development is proceeding in accordance with the approved drainage permit, and whether existing stormwater management controls are effectively maintained. Periodic inspection of the site shall be made by the City Engineer. Through such periodic inspections, the City Engineer shall ensure the stormwater management plan is properly implemented and that the improvements are maintained.
[Ord. No. 04152019A, 4-15-2019]
Any notice issued pursuant to this Article VI shall be personally served upon the intended recipient by the employees and/or agents of the City whenever practical. In the event personal service is impractical, the reason for such impracticability shall be documented, and service may be effectuated by doing all of the following: sending the notice by first class mail, postage prepaid, sending the notice by certified mail, and posting the notice conspicuously on the property.
[Ord. No. 11042013 §II, 11-4-2013; Ord. No. 04152019A, 4-15-2019]
If it is determined through inspection that development and/ or maintenance to effectuate the stormwater management plan is not in accordance with the approved stormwater management plan, drainage permit, or accepted specifications and construction drawings, the City Engineer shall immediately issue written notices to the permittee, any surety, or record property owner of a stormwater control facility of the nature and location of the alleged non-compliance, accompanied by documentary evidence demonstrating non-compliance and specifying what remedial work is necessary to bring the project into compliance. Pursuant to the notice by the City Engineer, the permittee, surety, or record property owner of a stormwater control facility so notified shall contact the City Engineer within fifteen (15) days of the date the notice was sent, and shall provide the City Engineer, within forty-five (45) days of the date notice was sent, a complete proposal detailing a plan to complete the remedial work described in the notice by a specific date. Each day that a noticed person fails to comply with the deadlines described herein shall constitute a separate ordinance violation.
[Ord. No. 04152019A, 4-15-2019]
A. 
Upon receipt of a proposed plan to complete remedial work, the City Engineer may accept, modify and accept, or reject the proposal. In formulating his decision to accept, modify and accept, or reject the proposal, the City Engineer shall consider any relevant facts and make findings in accordance with those facts. Facts to be considered include, but are not limited to, projected costs, financial resources available, and the likelihood of disruptions due to unfavorable weather. Once a proposal is accepted, it shall be a binding schedule of compliance for the remedial work.
1. 
Plans that are modified and accepted shall only be modified and accepted with the consent of the person submitting the proposed plan.
2. 
Rejected plans shall be modified and resubmitted to the City Engineer for approval within a specified period of time, not to exceed fifteen (15) days from the rejection by the City Engineer. Failure to timely resubmit a rejected proposed plan shall constitute a separate violation for each day the resubmission is delinquent.
3. 
If the City Engineer does not accept a proposed plan upon the second submission of such plan, then the City Engineer shall issue a binding schedule of compliance for remedial work in lieu of the proposed plan.
B. 
Any person aggrieved by a binding schedule of compliance for remedial work issued by the City Engineer subsequent to a rejected second proposal may, within ten (10) days, appeal the issuance or terms of the binding schedule of compliance for remedial work to the Board of Adjustment.
C. 
Failure to abide by and comply with the terms of the schedule of compliance for remedial work shall constitute a violation of the City Code.
D. 
Times and deadlines stated in the schedule of compliance for remedial work may be extended upon written request to the City Engineer for good cause shown.
[Ord. No. 11042013 §II, 11-4-2013]
The City Engineer, after giving ten (10) days' written notice, may revoke a permit issued pursuant to these regulations for any project which is found upon inspection to be in violation of the provisions of these regulations, and for which the permittee has not agreed to undertake remedial work as provided in Section 415.250. Drainage permits may also be revoked if remedial work is not completed within the time allowed. Upon revocation of a drainage permit the City Engineer shall issue a stop-work order. Such stop-work order shall be directed to the permittee, and he shall immediately notify persons owning the land, the developer, and those persons or firms actually performing the physical work of clearing, grading and developing the land. The stop-work order shall direct the parties involved to cease and desist all or any portion of the work on the development or a portion thereof which is not in compliance, except such remedial work necessary to bring the project into compliance.
[Ord. No. 04152019A, 4-15-2019]
A. 
Any stormwater control found by the City Engineer to not comply with the stormwater management plan or the specifications and construction as-built drawings for such stormwater control approved by the City shall be deemed a public nuisance.
B. 
If, upon his inspection of a stormwater control, the City Engineer determines that a stormwater control constitutes a public nuisance pursuant to Section 415.265(A), the City Engineer or his designee shall send a notice to the property owner of record of the stormwater control, as well as those persons ascertainable by public record to have an interest in the real estate upon which the stormwater control is located. Said notice shall include, at a minimum, a description of the location of the stormwater control, the conditions that cause the stormwater control to be in non-compliance, the actions necessary to remedy the non-compliant conditions, and that a hearing is to be held, which shall not be less than fifteen (15) days from the date the notice is issued, including the time, place, and date of such hearing.
1. 
The notices described in Section 415.250 and Section 415.265(B) may be combined into one document.
2. 
Upon communications with persons receiving notice pursuant to Sections 415.250 and/or 415.265(B), the City Engineer may postpone any scheduled hearing to allow those persons to pursue a schedule of compliance for remedial work in good faith. Should such persons fail to timely submit an accepted schedule of compliance for remedial work or fail to timely comply with the schedule for remedial work, the City Engineer shall issue a new notice of hearing, for which the hearing shall not be scheduled less than ten (10) days from the date of the new notice.
C. 
The City Planner shall preside over the hearing as the hearing officer and, upon review of the record and relevant evidence presented at the hearing, shall issue written findings of fact as to whether or not the stormwater control constitutes a nuisance under Section 415.265(A), as well as written orders providing for the abatement of the same, if applicable. Such findings and order shall be made a part of the record.
1. 
The findings and orders of the hearing officer shall not be effective until they are reduced to writing and signed.
2. 
One copy of the findings and orders shall be promptly mailed first class, postage prepaid, to each noticed person. Additional copies may be procured at City Hall, subject to any applicable fees imposed by the City.
3. 
All persons noticed of the hearing may be represented by counsel, but the technical rules of evidence shall not apply.
4. 
At the conclusion of the hearing, the hearing officer may indicate the forthcoming findings and orders immediately, or the hearing officer may take the matter under advisement for a reasonable time prior to issuing the written findings and orders.
5. 
Any order issued by the hearing officer pertaining to the abatement of a nuisance pursuant to this Section 415.265 shall proscribe the actions to be taken, provide a deadline for the requisite actions to be taken that shall not be less than thirty (30) days from the date of the written decision, and include a summary of any applicable appeal rights.
D. 
Any person aggrieved by the findings and orders of the hearing officer may, within thirty (30) days of the issuance of the same, and at his own expense, file an application for review of the record in either the Circuit Court of Cass County or Cole County, pursuant to Chapter 536, RSMo.
E. 
Upon a failure of any person to comply with an order issued pursuant to Section 415.265(C), the City Engineer may take action to enforce the order by causing the required actions stated in the order to be completed by the City and/or its contractors.
F. 
Any and all costs incurred by the City in the enforcement of an order under the provisions of Section 415.265(E) shall be certified to the City Clerk, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the official responsible for collecting personal property taxes. The special tax bill or assessment shall be notice to all persons from the time of its recording, and may bear interest at the legal rate thereafter until satisfied.