[Ord. No. 215 § 1, 6-10-2013]
Increased impervious area and compacted soils due to development
can endanger water resources by increasing flow volumes in streams,
causing stream degradation and downstream flooding, and by reducing
water quality. The function of permanent stormwater controls is to
reduce the negative effects of development. Permanent stormwater controls
must be maintained to remain effective. The purpose of this Article
is to safeguard persons, protect property, and prevent damage to the
environment in Duquesne by establishing legal authority to carry out
all inspection and work necessary to ensure compliance with this Article.
[Ord. No. 215 § 1, 6-10-2013]
For the purposes of this Chapter, the following shall mean:
Structural device, measure, facility or activity that helps
to achieve stormwater management control objectives at a designated
site.
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing
to be used to control sediment and erosion on a development site during
and after construction.
A permit issued by the City of Duquesne for the construction
or alteration of ground, improvements and structures for the control
of erosion, runoff, and grading.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
[Ord. No. 215 § 1, 6-10-2013]
This Article shall apply to all entities requiring a grading
permit from the City of Duquesne whose approved plans contain permanent
stormwater BMPs, unless explicitly exempted by the City of Duquesne.
[Ord. No. 215 § 1, 6-10-2013]
The City of Duquesne shall administer, implement, and enforce
the provisions of this Article. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing
by the administrator of the authorized enforcement agency to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
[Ord. No. 215 § 1, 6-10-2013]
The provisions of this Article are hereby declared to be severable.
If any provisions, clause, sentence, or paragraph of this Article
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Article.
[Ord. No. 215 § 1, 6-10-2013]
The standards set forth herein and promulgated pursuant to this
Article are minimum standards; therefore, this Article does not intend
nor imply that compliance by any person will ensure that there will
be no increase in flow volumes in streams, stream degradation, downstream
flooding, or reduction in water quality.
[Ord. No. 215 § 1, 6-10-2013]
A.
For any site requiring a grading permit, all stormwater BMPs shall
be maintained according to the measures outlined in the most recent
version of the City of Duquesne Stormwater Management Design Manual,
and as per approved plans and maintenance agreement.
B.
The person(s) or organization(s) responsible for maintenance shall
be designated in the plans. Options include:
C.
The maintenance agreement shall specify responsibilities for financing
maintenance.
D.
If maintenance activities are not completed in a timely manner, or
as specified in the plans, the City of Duquesne may complete the necessary
maintenance at the owner's/operator's expense.
[Ord. No. 215 § 1, 6-10-2013]
A.
Applicability. This Section applies to all entities requiring a grading
permit from the City of Duquesne whose approved plans contain permanent
stormwater BMPs, unless explicitly exempted by the City of Duquesne.
B.
Access To Facilities.
1.
The City of Duquesne shall be permitted to enter and inspect
facilities subject to regulation under this Article as often as may
be necessary to determine compliance with this Article. If a site
has security measures in force which require proper identification
and clearance before entry into its premises, the site owner shall
make the necessary arrangements to allow access to representatives
of the City of Duquesne.
2.
Facility operators shall allow the City of Duquesne ready access
to all parts of the premises for the purposes of inspection, examination
and copying of records, performance of maintenance work, and the performance
of any additional duties as defined by State and Federal law.
3.
Any temporary or permanent obstruction to safe and easy access
to the facility for purposes of inspection or performing maintenance
work shall be promptly removed by the operator at the written or oral
request of the City of Duquesne and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
4.
Unreasonable delays in allowing the City of Duquesne access
to the facility are a violation of this Article.
5.
If the City of Duquesne has been refused access to any part
of the premises containing permanent stormwater BMPs, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this Article, or that there is a need to inspect and/or
perform maintenance work as part of a routine inspection program designed
to verify compliance with this Article or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the City of Duquesne may seek issuance of a search
warrant from any court of competent jurisdiction.
[Ord. No. 215 § 1, 6-10-2013]
A.
Whenever the City of Duquesne finds that a person has violated a
prohibition or failed to meet a requirement of this Article, the City
of Duquesne may order compliance by written notice of violation to
the responsible person. Such notice may require without limitation:
B.
If maintenance work is required, the notice shall set forth a deadline
within which such work must be completed. Said notice shall further
advise that, should the violator fail to perform the work within the
established deadline, the work will be done by the City, a designated
agency or a contractor and the expense thereof shall be charged to
the violator.
[Ord. No. 215 § 1, 6-10-2013]
Any person receiving a notice of violation may appeal the determination
of the City of Duquesne. The notice of appeal must be received within
ten (10) days from the date of the notice of violation. Hearing on
the appeal before the appropriate authority or his/her designee shall
take place within fifteen (15) days from the date of receipt of the
notice of appeal. The decision of the municipal authority or its designee
shall be final.
[Ord. No. 215 § 1, 6-10-2013]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within fifteen (15) days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner or agent of the person
in possession of any premises to refuse to allow the City of Duquesne
or its designated agent or contractor to enter upon the premises for
the purposes set forth above.
[Ord. No. 215 § 1, 6-10-2013]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of assessment within ten (10) days. If the
amount due is not paid within a timely manner, determined by the decision
of the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provisions of this
Article shall become liable to the City by reason of such violation.
The liability shall be paid in not more than twelve (12) equal payments.
Interest at the rate of eight percent (8%) per annum shall be assessed
on the balance beginning on the first day following the discovery
of the violation.
[Ord. No. 215 § 1, 6-10-2013]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Article. If
a person has violated or continues to violate the provisions of this
Article, the City of Duquesne may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
[Ord. No. 215 § 1, 6-10-2013]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated, or restored at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
[Ord. No. 215 § 1, 6-10-2013]
A.
Any
person that has violated or continues to violate this Article shall
be liable to criminal prosecution to the fullest extent of the law,
and shall be subject to criminal penalty of five hundred dollars ($500.00)
per violation per day and/or imprisonment for a period of time not
to exceed thirty (30) days.
B.
The
City of Duquesne may recover all attorneys' fees, court costs and
other expenses associated with enforcement of this Article, including
sampling and monitoring expenses.
[Ord. No. 215 § 1, 6-10-2013]
The remedies listed in this Article are not exclusive of any
other remedies available under any applicable Federal, State, or local
law, and it is within the discretion of the City of Duquesne to seek
cumulative remedies.
[Ord. No. 215 § 1, 6-10-2013]
This Article shall be in full force and effect immediately after
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this Article are hereby repealed.
