(1) 
Violations of this chapter are subject to enforcement pursuant to Chapter 1.33 LMC, Code Compliance.
(2) 
Any activity or action caused or permitted to exist in violation of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance.
(3) 
It is a violation of this chapter and will be considered damage to the stormwater system to, in any manner:
(a) 
Tamper with or damage any part of any stormwater system, public or private; or
(b) 
Interfere with or hamper the operation of any part of the stormwater system, public or private; or
(c) 
Perform any work that would impact the public stormwater system without first obtaining a permit or other authorization; or
(d) 
Violate the terms and conditions of an issued permit; or
(e) 
Discharge or cause to be discharged into the public stormwater system any liquids, solids or materials defined as prohibited or illicit discharges under Chapter 17.90 LMC except as allowed by permit or exemption under that chapter; or
(f) 
Fail to comply with any other provision of this chapter.
(4) 
Any person causing damage to the stormwater system shall be responsible for all costs incurred by the city to repair the damage and for any damage claims tendered to the city by third parties that arise because of these acts.
(5) 
If the person causing damage fails to reimburse the city for all costs incurred, the city may place a lien against the property where the violation occurred as provided in Chapter 1.33 LMC.
(6) 
If the director determines that a condition, substance, act, or other occurrence constitutes an imminent public nuisance requiring summary abatement, the city may summarily and without prior notice to the property owner and/or responsible person, abate the condition. Notice of such abatement, including the reason for the abatement, shall be given to the property owner and/or person responsible for the property and the violation as soon as reasonably possible after the abatement. Costs, both direct and indirect, of the abatement may be assessed as provided under Chapter 1.33 LMC.
(Ord. 3533 § 1, 2024; Ord. 3540 § 1, 2024)
(1) 
Appeals by customers for billing errors shall be as provided in the city's financial policies.
(2) 
Appeals of violations of this chapter shall be as provided in Chapter 1.33 LMC.
(Ord. 3533 § 1, 2024; Ord. 3540 § 1, 2024)
(1) 
The city is responsible for providing service to persons within the utility service area, subject to sufficient capacity and hydrologic conditions, the requirements of this chapter, and other provisions of this code and applicable federal and state law. Provided, continuous stormwater service is not guaranteed as service may be interrupted or temporarily limited due to planned, unplanned events, unforeseen circumstances, or emergencies.
(2) 
The city is not responsible to any person for costs, damages, or other consequences incurred due to service interruptions or hydrologic events which exceed the design capacity or level of service of any component of the stormwater system.
(3) 
Nothing contained in this chapter is intended to nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of property owners or responsible parties to comply with the provisions of this chapter, engineering standards, or related manuals; or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued; or by reason of any action or inaction on the part of the city in connection with the same.
(4) 
Nothing in this chapter, engineering standards, or related manuals shall impose any liability on the city or any of its officers, employees, or agents for cleanup or any harm relating to sites containing hazardous materials, wastes or contaminated soil.
(5) 
Nothing contained in this chapter, engineering standards, or related manuals shall require city involvement or enforcement of this chapter for private disputes occurring between property owners.
(Ord. 3533 § 1, 2024; Ord. 3540 § 1, 2024)
If any section, subsection, clause, or phrase of this chapter or its application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, the validity or constitutionality of this chapter as a whole, or any other portion thereof, and its application to other persons or circumstances shall not be affected.
(Ord. 3533 § 1, 2024)
Should a conflict occur within the provisions of this chapter or between this chapter and any other provision of this code or other applicable law, rule, or regulation, including engineering standards, the most restrictive requirement shall control, except when constrained by federal or state law, or where specifically provided otherwise in this code.
(Ord. 3533 § 1, 2024)
The provisions of this chapter shall be liberally construed to give full effect to its purposes and objectives, to protect the public health and safety, and not be deemed to benefit or protect any individual, class, or group of persons.
(Ord. 3533 § 1, 2024)