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City of Lucas, TX
Collin County
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Table of Contents
Table of Contents
The purpose of this article is to diminish threats to the public health and safety caused by the runoff of excess stormwater, to minimize movement of soils resulting from development, to reduce the possibilities of hydraulic overloading of the storm sewer drainage system, to reduce economic losses to individuals and the community at large as a result of erosion and the runoff of excess stormwater, and to protect and conserve land and water resources, while at the same time ensuring orderly development. The provisions of this article are specifically intended to supplement existing ordinances regulating the following:
(1)ย 
The subdivision, layout, and improvement of lands located within the city;
(2)ย 
The excavating, filling, and grading of lots and other parcels or areas;
(3)ย 
The construction of buildings, including related parking and other paved areas, and the drainage of the sites on which those structures and their related parking and other paved areas are located; and
(4)ย 
The design, construction, and maintenance of erosion control and stormwater drainage facilities and systems.
(Ordinance 2009-04-00645 adopted 4/2/09)
For the purposes of this article, the following definitions are adopted:
Base flood elevation.
The elevation delineating the flood level having a one-percent probability of being equaled or exceeded in any given year (also known as the 100-year flood elevation), as determined from flood insurance rate maps (FIRMS) or the best available information.
Channel.
A natural or manmade open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.
City.
The City of Lucas.
City engineer.
The city engineer or designee.
City manager.
The city manager or designee.
Conduit.
Any channel, pipe, sewer, or culvert used for the conveyance of movement of water, whether open or closed.
Control elevation.
Contour lines and points of predetermined elevation used to denote a detention storage area on a plat or site drawing.
Design standards for public improvements.
Standards on file in the cityโ€™s offices to which all designs and the resulting public improvements, must conform.
Detention facility.
A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulated behind the outlet.
Detention storage.
The temporary detaining or storage of stormwater in storage basins, on rooftops, in streets, parking lots, school yards, parks, open space, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.
Discharge.
The rate of outflow of water from any source.
Drainage area.
The area from which water is carried off by a drainage system, i.e., a watershed or catchment area.
Excess stormwater runoff.
The rate of flow of stormwater discharged from an urbanized drainage area which is or will be in excess of that volume and rate which represented or represents the runoff from the property prior to the date of this article.
Floodplain.
The special flood hazard lands adjoining a watercourse, the surface elevation of which is lower than the base flood elevation and is subject to periodic inundation.
Hydrograph.
A graph showing, for a given point on a stream or conduit, the runoff flow rate with respect to time.
Land disturbance.
Any manmade change to improve or unimprove real estate including but not limited to building structures, filling, grading, excavation, clearing, or removal of vegetation.
Municipal separate storm sewer system {MS4).
A conveyance or system of conveyances including roads with drainage systems, municipal city streets, catchbasins, curbs, gutters, ditches, manmade channels or storm drains and similar means of collecting or conveying water runoff.
One-hundred-year storm.
A precipitation event of 24-hoursโ€™ duration, having a one-percent chance of occurring in any one year.
Peak flow.
The maximum rate of flow of stormwater at a given point or in a channel or conduit resulting from a predetermined storm or flood.
Sediment.
Any particulate matter that can be transported by fluid flow, and which eventually is deposited.
Stormwater drainage facility.
Any element in a stormwater drainage system which is made or improved by man.
Stormwater drainage system.
All means, natural or manmade, used for conducting stormwater to, through, or from a drainage area to the point of final outlet including, but not limited to, any of the following: open and closed conduits and appurtenant features, canals, channels, ditches, streams, swales, culverts, streets, and pumping stations.
Stormwater runoff.
The waters derived from precipitation within a tributary drainage area flowing over the surface of the ground or collected in channels or conduits.
Time of concentration.
The elapsed time for stormwater to flow from the most distant point in a drainage area to the outlet or other predetermined point.
Two-year storm.
A precipitation event having a fifty percent chance of occurring in any one year.
Two-year storm runoff.
The stormwater runoff having a fifty percent probability of occurring in any one year.
Unprotected channel.
A channel which receives stormwater discharge and which is not paved, riprapped, or otherwise improved by addition of manmade materials so as to reduce the potential for erosion.
Upland area.
Any land whose surface drainage flows toward the area being considered for development.
Urbanization.
The development, change, or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational, or public utility purposes.
Waterbody.
Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernable shoreline.
Watercourse.
Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.
Wet bottom detention basin.
A basin designed to retain a permanent pool of stormwater after having provided its planned detention of runoff during a storm event.
(Ordinance 2009-04-00645 adopted 4/2/09; Ordinance 2020-06-00914 adopted 6/4/20; Ordinance 2021-11-00939 adopted 11/4/21)
Before initiating any activity regulated by this article, an applicant shall be required to obtain a permit from the city which indicated that the requirements of this article have been met. Permit fees shall be located in the city fee schedule for permits.
(Ordinance 2009-04-00645 adopted 4/2/09)
In addition to meeting the requirements of section 10.04.003 and the more specific requirements of sections 10.04.005โ€“10.04.031 of this article and before starting any activity regulated by this article, an applicant shall comply with the requirements set forth in all other related ordinances and state statutes and regulations.
(Ordinance 2009-04-00645 adopted 4/2/09)
Sediment shall be maintained on site and excess stormwater runoff shall be detained in connection with any new construction, development, redevelopment, or land use change occurring within the city in accordance with the requirements set forth in this article.
(Ordinance 2020-05-00911 adopted 5/7/20)
The peak discharge rate after full development resulting from the proposed development shall not exceed the corresponding peak discharge rate prior to development during storms of 2-year, 5-year, 10-year, 25-year and 100-year return frequencies.
(Ordinance 2021-11-00939 adopted 11/4/21)
There shall be no detrimental effect on the floodway or the flood elevation during a 100-year storm upstream or downstream of the proposed development area as a result of the proposed development.
(Ordinance 2009-04-00645 adopted 4/2/09)
The increased stormwater runoff resulting from proposed development shall be detained by providing for appropriate detention storage as required by this article. Where streets or parking areas are used for temporary storage of stormwater runoff all manholes for sanitary sewers shall be of a type which prevent the infiltration of the ponded water. Where streets are used for the temporary storage of stormwater runoff, in no case shall the maximum design depth exceed six (6) inches.
(Ordinance 2009-04-00645 adopted 4/2/09)
Designs for detention storage and related appurtenances shall be submitted to the city for approval. Upon submittal of designs of detention storage the city shall make a determination as to whether any or all of the facilities proposed are to become part of the public drainage system. The city shall, at the same time, in the case of a proposed subdivision make a determination as to those control elevations that shall be entered on the final plat or make a determination as to the necessity for deed restrictions on any particular lot in said subdivision requiring the preservation of mandatory drainage facilities. Where a non-subdivided parcel of land is proposed for development, the city shall make a determination as to the need for covenants to maintain responsibility for mandatory drainage facilities. All of said facilities shall be designed and constructed in accordance with the city specifications, and shall be subject to continuing inspection during the construction period in the same manner as any other improvement regulated under this article. Detention facilities associated with residential subdivisions shall be in a separate lot that shall be deeded to the HOA after 75% of the lots in the subdivision are occupied and the lot soil stabilized. Prior to acceptance of the detention facility the city and the developer will inspect the facility to assure it meets all of the requirements of this article. If any deficiencies are found, the developer will be responsible to make the necessary changes at his expense. Wet bottom detention basin shall be aerated or designed to drain within 60 hours.
(Ordinance 2009-04-00645 adopted 4/2/09)
Detention storage shall meet the requirements of this article and the city drainage manual.
(Ordinance 2009-04-00645 adopted 4/2/09)
The discharge velocity from detention facilities shall not exceed three feet per second unless it is determined by the city that greater velocities will not be harmful to the receiving channel. Where the cityโ€™s determination is requested, the developer shall make available such hydraulic or hydrologic computations as will adequately support the course of action being requested.
(Ordinance 2009-04-00645 adopted 4/2/09)
Emergency spillways shall be provided to permit the safe passage of runoff generated from rainfall events in excess of the 100-year rainfall event.
(Ordinance 2009-04-00645 adopted 4/2/09)
Detention storage areas shall have adequate capacity to contain the storage volume of tributary stormwater runoff with at least one foot of freeboard above the water surface during the 100-year rainfall event.
(Ordinance 2009-04-00645 adopted 4/2/09)
Stormwater control systems may be planned in coordination by two or more property owners as long as the potential for damage from stormwater is not increased at intervening locations.
(Ordinance 2009-04-00645 adopted 4/2/09)
Stormwater control measures shall be installed prior to undertaking other grading of site and a schedule of construction for this purpose shall be submitted by the owner(s)/developer(s) prior to construction in the city.
(Ordinance 2009-04-00645 adopted 4/2/09)
The total drainage area must be used in calculating the allowable release rate. The required storage volume will be based on the project area only, with extraneous flows from upland areas being bypassed or discharged via overflow spillways or other devices. Where storm sewers are required they shall be of such size as will provide sufficient capacity to receive the flow generated by five-year storm from upland areas. As to the latter and regardless of whether it has occurred in fact, such upland area shall be deemed to have been fully developed for all purposes of this requirement.
(Ordinance 2009-04-00645 adopted 4/2/09)
The developer shall comply with the Texas Commission on Environmental Quality or TPDES and federal NPDES permit for stormwater discharges associated with construction activity and provide a copy to the city prior to starting construction.
(Ordinance 2009-04-00645 adopted 4/2/09)
The developer shall submit to the city a sediment and erosion control plan that meets the requirements of the Texas Commission on Environmental Quality or TPDES and federal NPDES permit for stormwater discharges associated with construction activity prior to starting construction.
(Ordinance 2009-04-00645 adopted 4/2/09)
Land disturbances associated with any new construction, development, redevelopment, or land use change on any site of 2,500 square foot or larger or requiring a building permit shall incorporate into the development plan the following elements as minimum:
(1)ย 
Stone construction entrance.
(2)ย 
Silt fence or other sediment retaining device on the low side of the site.
(3)ย 
Temporary seeding of disturbed areas remaining open more than three weeks.
(4)ย 
Immediate removal of soil tracked into the public right-of-way.
(5)ย 
Permanent turf established. A copy of the development plan shall be submitted to the city prior to starting construction.
(Ordinance 2009-04-00645 adopted 4/2/09)
Information indicating the manner in which the provisions of this article are to be met shall be submitted with the preliminary plats.
(Ordinance 2009-04-00645 adopted 4/2/09)
Information indicating the manner in which the provisions of this article are to be met shall be submitted with all construction plan submissions or any other plan for improvements which falls under the requirements of section 10.04.005 of this article. All computations, plans, and specifications shall be prepared and sealed by a professional engineer registered in the state.
(Ordinance 2009-04-00645 adopted 4/2/09)
The easements or separate lots required for detention facilities shall be shown on the final plat. The control elevation for each detention facility shall be shown on the plat near the detention facility.
(Ordinance 2009-04-00645 adopted 4/2/09)
All subdivisions and other proposed improvements which are subject to the provisions of section 10.04.005 of this article shall incorporate such design features as are required in this article. Variation from these requirements shall require the approval of the city planning commission whose action shall be conditioned upon the following:
(1)ย 
That a petition be submitted describing in detail the rationale for the proposed designs change.
(2)ย 
That there are special circumstances or conditions affecting the property under consideration such that strict compliance with the provisions of this article would deprive the applicant of the reasonable use of his land.
(3)ย 
That the variance is necessary for the preservation and enjoyment of a substantial property right of the proprietor.
(4)ย 
That the granting of the variance will not be detrimental to the public health, safety, or welfare or injurious to other property in the territory in which said property is located.
(Ordinance 2009-04-00645 adopted 4/2/09)
Designs of detention facilities will incorporate features which facilitate their inspection and maintenance. The designer shall submit an operation and maintenance (O&M) plan for any detention facility prior to its approval by the city. All privately owned detention facilities may be inspected by representatives of the city at such times as they deem necessary. If deficiencies, or conditions creating nuisances, are found, the owner or homeownersโ€™ association shall be required to initiate the necessary corrections within fourteen (14) days, and all deficiencies shall be corrected within forty-five (45) days.
(Ordinance 2009-04-00645 adopted 4/2/09)
Designs of detention facilities shall incorporate safety features, particularly at inlets, outlets, on steep slopes, and at any attractive nuisances. These features shall include, but not be limited to, fencing, handrails, lighting, steps, grills, signs, and other protective or warning devices so as to restrict access.
(Ordinance 2009-04-00645 adopted 4/2/09)
(a)ย 
No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the city to violate a water quality standard, the cityโ€™s TPDES permit, or any state-issued discharge permit for discharges from its MS4.
(b)ย 
No person shall dump, drain, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, throw, place or otherwise introduce or cause, allow, or permit to be introduced any of the following substances in or on any public street, alley, storm sewer, drainage structure, drainage channel, stream, river, pond or any other public property. The following are illicit discharges:
(1)ย 
Any used motor oil, antifreeze, grease, solvents, toxic chemicals, paint, stain or any other petroleum product or waste;
(2)ย 
Any industrial waste;
(3)ย 
Any hazardous waste or infectious waste, including household hazardous waste;
(4)ย 
Any garbage, trash, filth, junk, domestic sewage or septic tank waste, cooking oil, grease trap waste, or grit trap waste;
(5)ย 
Any trash, rubbish, refuse, or wastepaper;
(6)ย 
Any wastewater from a commercial car wash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment, by a business that operates more than two (2) such vehicles;
(7)ย 
Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building or mechanical equipment exterior that contains any soap, detergent, degreaser, solvent, other harmful cleaning substance;
(8)ย 
Any wastewater from commercial floor, rug, or carpet cleaning;
(9)ย 
Any wastewater from the saw cutting, wash down or cleaning of pavement that contains soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning substance; or any wastewater from the washing or cleaning of pavement where any spill, leak, or other release of petroleum based products, hazardous material, hazardous substance, hazardous waste or other pollutant has occurred, unless all such released material has been previously removed;
(10)ย 
Any effluent, overflow or blow down, from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or boiler;
(11)ย 
Any ready-mixed concrete, mortar, ceramic, asphalt base material, hydro mulch material, or any wastewater or substance from the cleaning of any vehicle or equipment containing, or used in transporting or applying, such material;
(12)ย 
Any runoff or wash down water from an animal pen, kennel, or foul or livestock containment area;
(13)ย 
Any filter backwash from a swimming pool or fountain;
(14)ย 
Any swimming pool, hot tub water, or public interactive water fountain containing disinfectants;
(15)ย 
Any discharge from water line disinfection by hyperchlorination or other means unless the disinfecting chemical has been removed or attenuated to the point where it is not a pollutant;
(16)ย 
Any fire protection water, not including firefighting water used by the fire department, containing โ€œhazardous materialsโ€ as defined in the fire protection and prevention ordinance of the city;
(17)ย 
Any wastewater from a water curtain in a spray room used for painting vehicles or equipment;
(18)ย 
Any contaminated or unpermitted stormwater discharge associated with an industrial activity;
(19)ย 
Any substance or material that will damage, block, or clog the MS4;
(20)ย 
Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST, or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release;
(21)ย 
Any petroleum oil, non-biodegradable cutting oil, transmission fluid, hydraulic fluid, brake fluid, power steering fluid, antifreeze or other household hazardous wastes;
(22)ย 
Any rubble, debris, rubbish, tile, concrete, brick, asphalt, or other building material resulting from demolition activities;
(23)ย 
Any ashes or burn refuse;
(24)ย 
Any weeds, grass cuttings, brush, or other yard debris;
(25)ย 
Solid or liquid substances which may cause obstruction to the flow in storm sewers or other interference with the proper operation of the stormwater system;
(26)ย 
Any wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control;
(27)ย 
Any wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials;
(28)ย 
Fuels, oils, or other, pollutants used in vehicle and equipment operation and maintenance;
(29)ย 
Any discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs; and
(30)ย 
Any kind of other matter that will cause damage to the MS4 or any receiving bodies of water.
(c)ย 
Sediment and erosion control:
(1)ย 
No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation, landfilling, or other construction activities (including any placement, movement, removal, or disposal of soil, rock, or other earth materials) in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable.
(2)ย 
No person shall implement erosion or sediment control measures not currently approved by the city.
(3)ย 
A construction project (commercial, residential, or capital improvement) shall not be considered complete and acceptable by the city until permanent erosion control measures have been installed to the cityโ€™s satisfaction.
(4)ย 
No person shall conduct any land disturbing or construction activities:
(A)ย 
On property over one (1) acre in area without a director-approved erosion control design plan and a TCEQ submitted stormwater pollution prevention plan (SWPPP) for that area on properties 5 acres or greater; or
(B)ย 
On property less than one (1) acre in area that constitutes more than 50% of the site without a director approved erosion control design plan.
(5)ย 
No person shall knowingly fail to install or to maintain erosion control devices as shown or represented in the approved erosion control design plan and/or stormwater pollution prevention plan (SWPPP), including maintenance of grass or sod and sediment cleaning of erosion control devices.
(6)ย 
No person shall allow the build-up of off-site sediment from above or below ground construction related activities in any open space areas.
(d)ย 
No person shall connect or maintain a line conveying sewage, domestic or industrial, to the MS4.
(e)ย 
Any wash water from the service area, garage, or enclosure of a minor auto repair or fuel service station shall not discharge into the MS4.
(f)ย 
Regulation of pesticides, herbicides, and fertilizers:
(1)ย 
No person shall use or cause to be used any pesticide, herbicide, or fertilizer contrary to any directions for use on any labeling required by state or federal law.
(2)ย 
No person shall use or cause to be used any pesticide, herbicide, or fertilizer in any manner that the person knows, or reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the MS4 or waters of the United States.
(3)ย 
No person shall dispose of, discard, store, or transport a pesticide, herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer container, in a manner that the person knows, or reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the MS4 or waters of the United States.
(4)ย 
If provided with a display notice containing the provisions of this subsection, pertaining to the regulation of pesticides, herbicides, and fertilizers (or a reasonable description thereof), and the information that any user of the product may obtain further information from the director or designated individual, any person selling pesticides, herbicides, or fertilizers at retail or wholesale shall post the notice prominently where it may be read by purchasers of the product.
(g)ย 
Used oil regulation:
(1)ย 
No person shall:
(A)ย 
Pour, spill, leak, pump, empty, leach, dispose, or otherwise discharge used oil into the MS4 or a sewer, drainage system, septic tank, surface water, groundwater, or watercourse;
(B)ย 
Knowingly mix or commingle used oil with solid waste that is to be disposed of in a landfill or knowingly directly dispose of used oil on land or in a landfill; or
(C)ย 
Apply used oil to a road or land for dust suppression, weed abatement, or other similar use that introduces used oil into the environment.
(2)ย 
All businesses that change motor oil for the public and municipal waste transfer stations are encouraged to serve as public used oil collection centers as provided by V.T.C.A., Health and Safety Code ยง 371.024, as amended.
(3)ย 
A retail dealer who annually sells directly to the public more than five hundred (500) gallons of oil in containers for use off-premises shall post in a prominent place a sign provided by the city or by the state informing the public that improper disposal of used oil is prohibited by law. The sign shall prominently display the toll-free telephone number of the state used oil information center.
(h)ย 
No person shall have inadequate or unsanitary sewage or plumbing facilities, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city and state that could pollute the MS4 sewer system.
(i)ย 
No person shall introduce or cause to be introduced into the sanitary sewer system any discharge of stormwater, polluted or unpolluted, or any discharge that causes or contributes to causing the city to violate a water quality standard, its agreements associated with the regional sewage treatment plants, or any state issued permit.
(j)ย 
Any person that causes a spill, release, or other discharge of a prohibited substance or other pollutant to the MS4 is responsible for the cleanup and removal of the substance from the MS4 or any area adjacent to the MS4 that is exposed to stormwater runoff. The owner of the property on which the spill, release, or discharge occurred is responsible for the cleanup or removal of the substance from the MS4 or any area adjacent to the MS4 if the person that caused the spilt release, or discharge to the MS4 is unknown.
(k)ย 
Sanitary sewer overflows shall be prevented in any way possible. All sanitary sewer overflows shall be reported to the city as soon as the owner, occupant, or person otherwise having control of the sanitary sewer becomes aware of the overflow and to the appropriate federal and state agencies within twenty-four (24) hours.
(l)ย 
No person shall store items segregated for separate collection, disposal, recycling or reuse in a manner that allows pollutants to enter the MS4. Drums, dumpsters and polycarts shall be closed, not leaking, and in good condition.
(m)ย 
Parking lot storm drain inlets shall be maintained free of trash, litter, garbage, rubbish, grass clippings, leaves, and other debris material.
(n)ย 
Trash and litter on any parcel of land shall be collected for appropriate disposal prior to mowing.
(o)ย 
The owner, ownerโ€™s representative, operator, contractor or developer of property shall comply with the TXR150000 general construction permit, Industrial TXR050000 permit or city approved erosion control design plan relating to said property.
(Ordinance 2020-06-00914 adopted 6/4/20)
(a)ย 
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited, including, but not limited to, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(b)ย 
A person violates this article if such person connects or maintains a line conveying sewage to the MS4.
(c)ย 
Connections in violation of this article must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the director.
(d)ย 
Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the director requiring that such location be completed. Results of these locations are to be documented and provided to the director.
(Ordinance 2020-06-00914 adopted 6/4/20)
The administration of this article shall be the responsibility of the city.
(Ordinance 2020-06-00914 adopted 6/4/20)
In the interpretation and application of this article, the provisions expressed herein shall be held to be the minimum requirements and shall be liberally construed in favor of the city.
(Ordinance 2020-06-00914 adopted 6/4/20)
The city council is hereby designated as the appeals board for disputes arising from the application of this article. The councilโ€™s responsibility shall be to hear appeals where it is alleged by an appellant that there is error in any order, requirement, decision, grant or refusal made by the city in the enforcement of the provisions of this article.
(Ordinance 2020-06-00914 adopted 6/4/20)
(a)ย 
General.
Any person, firm, organization, association, or corporation violating any of the provisions of this article, including violation of any variances granted under the authority of this article, shall be deemed guilty of a violation of a municipal ordinance and each such person or other entity shall be deemed guilty of a separate offense for each and every day or portion thereof that any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of such violation, such person or other entity may be punished by a fine of not less than two hundred and fifty dollars ($250.00) and not more than two thousand dollars ($2,000.00).
(b)ย 
Additional corrective actions.
Any building or structure constructed in violation of the provisions of this article or any use carried on in violation of this article is hereby declared to be a nuisance per se, with any court of competent jurisdiction having the authority to determine that the owner or developer is guilty of maintaining a nuisance per se and to order such nuisance abated. In this connection, the city is hereby authorized to institute any appropriate action or proceeding in any appropriate court to prevent, restrain, correct, or abate any violations of this article.
(Ordinance 2020-06-00914 adopted 6/4/20)