A. 
Effects of Stormwater Runoff.
1. 
All real property within Cannon Beach drains into either surface waters or the groundwater. The flow volumes of surface water and the amount of nonpoint source pollution are directly related to development of property and the creation of impervious surface.
2. 
The city's growth and development has and will continue to increase the volume of stormwater runoff into the public stormwater system.
3. 
Stormwater runoff may cause property damage and erosion. It can carry concentrations of nutrients, sediments, heavy metals, oils and toxic materials, and other pollutants into receiving waters and groundwater.
4. 
Improperly drained property creates bodies of standing water that provide breeding places for insects. Poorly maintained drainage courses contribute to flooding hazards and property damage. Stormwater discharged into public rights-of-way, if not properly managed, will cause damage to the public rights-of-way and will create hazards for the traveling public. Therefore, the proper disposal of stormwater is an obligation of the occupants of the property or those who engage in activity upon real property that directly or indirectly discharges stormwater into the public stormwater system.
B. 
Benefits of Public Stormwater System.
1. 
The stormwater runoff must be managed in a manner that protects the public health, safety and welfare.
2. 
The city provides a valuable public service by operating and maintaining a public stormwater system that collects and disposes stormwater discharged from impervious surfaces and public rights-of-way within the city. The services provided are necessary to ensure compliance with state and federal laws pertaining to stormwater discharges. Effective management of stormwater flow helps to keep public rights-of-way free of flooding, thereby improving personal and emergency access for all users of the city's transportation system and helps to protect property.
C. 
Private Responsibilities. Every person that uses property has an obligation to minimize or eliminate detrimental impacts on other persons or property that result from such use. If a user of property alters the property in any way that increases the flow of surface water from the property, the user must control the flow.
D. 
Existing Public Stormwater System Not Adequate. The existing public stormwater system cannot adequately address stormwater runoff quantity and quality issues. There is a need for additional funding to provide for adequate construction, operation and maintenance of the public stormwater system.
(Ord. 96-10 § 2)
A. 
Pursuant to the general laws of the state of Oregon and the powers granted in the Charter of the city, the council declares its intention to acquire, own, construct, reconstruct, equip, operate and maintain within the city limits of the city, and outside the city limits when consistent with the council's adopted policies or intergovernmental agreements, storm drainage facilities, and also to require persons responsible to construct, reconstruct, maintain and extend storm drainage facilities.
B. 
The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the developer. Said improvements shall comply with all applicable city ordinances, policies and standards.
C. 
No portion of this chapter or statement herein or subsequent interpretations or policies shall relieve any property owner of assessments levied against real property for a local improvement project or for abating conditions on the property that violate any provision of this code.
(Ord. 96-10 § 3)
The city shall manage public storm drainage facilities located on city-owned property, city rights-of-way and city easements. Public storm drainage facilities that may be managed by the city include but are not limited to:
A. 
A piped drainage system and its related appurtenances which have been designed and constructed expressly for use by the general public and accepted by the city;
B. 
Roadside drainage ditches along improved or unimproved city streets but not access drive culverts;
C. 
Flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the city; and
D. 
Retention systems constructed for public services and accepted by the city.
(Ord. 96-10 § 4)
A. 
A storm drainage facility to be managed by the person responsible includes but is not limited to:
1. 
A storm drainage facility not located on city-owned property, city right-of-way or city easement;
2. 
A private parking lot storm drain;
3. 
Any roof, footing or area drain;
4. 
A storm drainage facility not designed and constructed for use by the general public;
5. 
Access drive culverts in the public right-of-way or on private property; and
6. 
A retention system serving a private facility.
B. 
Any person responsible shall keep open drainageways on his or her property cleared of debris and vegetation.
C. 
Any person responsible shall maintain nonpublic storm drainage facilities on his or her property so as to prevent flooding or damage to other property not owned or controlled by the person responsible and to prevent injury to any person on property not owned or controlled by the person responsible.
D. 
The failure of any person responsible to comply with the obligations stated in subsection A, B or C of this section is a violation.
E. 
The conditions on private property which may result in situations proscribed by subsection B or C of this section are declared to be a danger to public health and safety.
(Ord. 96-10 § 5)
A. 
There is created a drainage utility fund and all charges imposed under this chapter and the revenue collected therefrom shall be deposited therein.
B. 
Except as provided in subsection C of this section, money in the drainage utility fund shall be used for planning, design, construction, maintenance and administration of storm drainage facilities, including repayment of indebtedness, and for all expenses for the operation and management of the storm drainage utility and providing storm drainage service. Expenditures from this fund need not be identified to any particular revenue source.
C. 
Notwithstanding the provisions of subsection B of this section, money in the drainage utility fund attributable to the systems development charge imposed in Chapter 3.16 shall be limited to the purposes stated in the chapter.
(Ord. 96-10 § 7)
In addition to other lawful remedies, the city manager may enforce the collection of charges required by this chapter by withholding delivery of water to any premises where the storm drain utility charges are delinquent or unpaid.
(Ord. 96-10 § 8)
Before new development which results in increasing the amount of stormwater discharged from property into a public drainage facility may be approved or before existing development is modified to increase the amount of stormwater it discharges into a public drainage facility, there shall be collected a system development charge for storm drainage. The systems development charge and the methodology required by state law shall be adopted by council resolution. Chapter 3.16 of this code states the city's policy pertaining to system development fees.
(Ord. 96-10 § 9)
A failure to comply with any provision of this chapter or of any regulations adopted under this chapter constitutes a violation. Each day in which a violation is caused or permitted to remain constitutes a separate violation. Any person or persons found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed three hundred dollars for each violation.
(Ord. 96-10 § 11)