[Ord. No. 4827, 5-20-2019]
This Chapter is enacted for the purpose of regulating the erosion
and/or transfer of sediment between properties as a result of grading,
construction, building or development activities on private property
within the incorporated area of the City; to encourage certain erosion
and sediment control (ESC) standards and best management practices
(BMPs) to minimize erosion and prevent the movement of sediment and
debris from construction sites to adjacent properties and/or the public
rights-of-way; to avoid pollution of watercourses with nutrients,
sediments, and other earthen materials generated on or caused by surface
runoff on or across the permitted area; to ensure that the intended
use of the graded site is consistent with the City Subdivision and
Zoning Codes, and related approvals and to protect property and the
public welfare. This Chapter is not intended to regulate any existing
or pre-existing drainage or runoff across or between already developed
or improved properties that are not related to building, construction
or development activities.
[Ord. No. 4827, 5-20-2019]
A.
The
regulations contained in this Chapter shall apply to all residential
and non-residential construction sites that are greater than three
hundred (300) square feet but less than one (1) acre is size.
B.
For the purposes of this Chapter, the term “construction site” shall mean any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed for the purposes of site improvement activity, preparation, grading, stockpiling, development, building, assembly, erection, substantial repair, alteration or similar action, including demolition, for which a building permit is required under Chapter 500, as well as any grading or development activities that disturb land so as to cause the movement of sediment from one property to another as a result of the construction activity.
C.
For
the purposes of this Chapter, “erosion” means the wearing
away and transportation of earth material as a result of the movement
of wind, water, or ice.
[Ord. No. 4827, 5-20-2019]
A.
It
shall be unlawful for a property owner, permit holder, or assigns
to allow for the erosion or transfer of sediment and debris from a
construction site to an adjacent property or the public right-of-way.
B.
The
property owner and/or building permit holder of a construction site
shall ensure that adequate ESC measures and BMPs are in place and
functioning prior to and during all construction activities, until
construction is complete.
[Ord. No. 4827, 5-20-2019]
A.
The
Department of Codes Administration shall handle erosion control enforcement
through the normal routine activities that include inspecting the
site, communicating with the permit holder, contractor, developer,
or owner, and issuing notices of non-compliance.
1.
If erosion control measures are determined to be deficient in preventing
the transfer of sediment from a construction site to an adjacent property
and/or the public right-of-way, the Codes Administrator or their designee
may immediately discontinue all inspections for the site.
2.
In addition to immediately discontinuing all inspections for the
site, upon the Codes Administrator’s determination that erosion
control measures are deficient, but not hazardous, the Codes Administrator
shall notify the contractor, developer, or owner to take remedial
action to correct the deficiencies within two (2) regular business
days. If the deficiencies have not been corrected within two (2) regular
business days, the Codes Administrator may:
a.
Issue a stop-work order for the site.
b.
Remedy the deficiencies and bill the contractor, developer, or owner
for the actual and administrative costs of remediation. If the contractor,
developer, or owner fails to reimburse the City for correcting the
deficiencies, the Codes Administrator may withhold certificate(s)
of occupancy, including temporary certificate(s) of occupancy, for
all contractor, developer, or owner's properties; and pursue remedies
as provided in this Code of Ordinances.
B.
Enforcement
of tracking mud, debris, etc. Any contractor, developer, or owner
and/or their employees and/or subcontractors who deposit, spill, drop
or track any dirt, earth, mud, rock, sand, shale, debris, rubbish
or other material on any right-of-way shall immediately remove the
material from the right-of-way. If the contractor, developer, or owner
and/or their employees and/or subcontractors fail to immediately remove
the dirt, earth, mud, rock, sand, shale, debris, rubbish or other
material from the right-of-way, the Codes Administrator may take any
or all of the following actions:
C.
If
the notice of violation is not complied with, the Codes Administrator
shall institute the appropriate proceeding pursuant to City ordinances
and at law or in equity to punish, restrain, correct or abate such
violation, All other violations of this Chapter may be forwarded to
the City Prosecuting Attorney for consideration of filing charges.
D.
Any person who shall violate a provision of Chapter 520 or fail to comply therewith, or with any of the requirements thereof, in addition to any other remedy or action available to the City or Codes Administrator, shall be punished, upon conviction, pursuant to Section 100.080(C) of the Blue Springs Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E.
The imposition of the penalties herein prescribed shall not preclude the Codes Administrator or legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, abate a violation pursuant to Sections 245.060 through 245.150 and 245.270 herein and this Chapter, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
[Ord. No. 4827, 5-20-2019]
If a Section, Subsection, sentence, clause or phrase of this
Chapter is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Chapter.
