[Ord. No. 3025, 8-7-2018]
All stormwater facilities and BMPs shall be maintained in accordance
with the approved and recorded stormwater maintenance agreement and
stormwater maintenance plan. If no maintenance agreement or plan is
in place, the owner shall maintain the facility as it was designed
in order to continue the mitigation of stormwater quantity and quality
impacts. This maintenance shall include removal of overgrown vegetation,
repair of erosion, repairs to any inlet/outlet structures, and removal
of excess silt or any other maintenance deemed necessary to provide
the mitigation. The design of stormwater facilities shall incorporate
maintenance accommodation and long-term maintenance reduction features.
[Ord. No. 3025, 8-7-2018]
The responsible party named in the recorded stormwater maintenance agreement (Section
420.160) shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater facilities and BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices) in order to maintain the mitigation of stormwater quantity and quality impacts. Such repairs or restoration and maintenance shall be in accordance with the approved stormwater management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
[Ord. No. 3025, 8-7-2018]
A. The City 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 the site has security measures in
force which require proper identification and clearance before entry
into its premises, the responsible party shall make the necessary
arrangements to allow access to representatives of the City.
B. Unreasonable delays in allowing the City access to a permitted facility
is a violation of a stormwater discharge permit and of this Article.
C. If the City has been refused access to any part of the premises from
which stormwater is discharged, and 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 or sample as part of a routine inspection
and sampling 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 may seek issuance
of a search warrant from any court of competent jurisdiction.
[Ord. No. 3025, 8-7-2018]
The responsible party shall make records of the installation
and of all maintenance and repairs, and shall retain the records for
at least five (5) years. These records shall be made available to
the director or his/her representative during inspection of the facility
and at other reasonable times upon request.
[Ord. No. 3025, 8-7-2018]
A. In the event that the stormwater BMP has not been maintained or becomes a danger to public safety or public health, the Director shall notify the responsible party by registered or certified mail. The notice shall specify the measures needed to comply with the maintenance agreement and the maintenance plan and shall specify that the responsible party has thirty (30) days or other time frame mutually agreed to between the Director and the responsible party, within which such measures shall be completed. If such measures are not completed, then the Director shall pursue enforcement procedures pursuant to Section
420.480.
B. If a responsible person fails or refuses to meet the requirements
of an inspection report, maintenance agreement, or maintenance plan,
the Director, after thirty (30) days' written notice (except, that
in the event the violation constitutes an immediate danger to public
health or public safety, twenty-four-hour notice shall be sufficient),
may correct a violation of the design standards or maintenance requirements
by performing the necessary work to return the BMP to proper working
condition. The Director may assess the responsible party for the cost
of repair work which shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on
the tax bill and collected as ordinary taxes by the City.
[Ord. No. 3025, 8-7-2018]
A. Whenever improvements to land are made, easements for the stormwater
management facilities, including structural facilities, engineered
channels and overflow paths, shall be provided across private property.
Easements through existing developments shall be obtained as deemed
necessary. Drainage easements shall include access from a convenient
public street or parking lot. Minimum dimensions are as follows:
1.
Where a storm drain consists of a closed conduit, the width
shall be the greater of fifteen (15) feet or the sum of the conduit
diameter and twice the cover depth over the conduit.
2.
Where the drainage system consists of an engineered channel,
easements shall at a minimum be as wide as the top of bank width plus
ten (10) feet each side.
3.
The width of the casement must contain the overflow from the
one-hundred-year (one-percent annual chance) storm event and shall
indicate the highest expected water surface elevation of the event.
4.
Access easements to and around detention/retention facilities
shall be a minimum of fifteen (15) feet wide with cross slopes less
than five (5) horizontal to one (1) vertical in order to be safely
accessible by a vehicle unless otherwise approved by the Director.
[Ord. No. 3025, 8-7-2018]
No person shall damage, discharge or place any substance into
the drainage system which will or may cause obstruction to flow or
other interference with the operation of the stormwater drainage system.
Any person violating this Section or damaging the stormwater drainage
system shall be liable to the City for all expense, loss or damage
incurred by the City due to such violation or damage in addition to
any other penalties set forth herein.