City of Lewes, DE Stormwater Disposal

The discharge or draining of stormwater or surface water through a downspout or other apparatus into the sanitary sewer system of the City is hereby declared to be a common and public nuisance and detrimental to the public health, safety and welfare of the property owners and residents of the City.

Upon the expiration of one year from the date of adoption of this section, it shall be unlawful for any property owner to continue to be connected or cause or permit to continue to be connected any downspout or other apparatus in order for stormwater or surface water to be discharged or drained into the sanitary sewer system of the City.

Upon the adoption of this section, it shall be unlawful for any property owner to connect or cause or permit to be connected any downspout or other apparatus in order for stormwater or surface water to be discharged or drained into the sanitary sewer system of the City.

All stormwater must be maintained on the property on which the structure(s) is located. Stormwater may be directed to the public stormwater management system by a method approved by either the office of the City Manager or the Board of Public Works of the City of Lewes. Stormwater shall not be directed, redirected, plumbed, piped, dammed or controlled in such a way that would cause water to travel or pass over or onto any adjacent private property or properties. This subsection shall become effective at the time of adoption and applies to all existing and preexisting property or properties.

[Added 6-11-2001[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsections D and E as E and F, respectively.

Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than $40 nor more than $150 or imprisoned for a term of not more than 20 days, or both, and shall pay the costs of prosecution. For the purposes of this section, each day that stormwater or surface water is discharged by a downspout or other apparatus into the sanitary sewer system of the City shall be deemed to be a separate offense. For purposes of this section, each day in which stormwater is directed, redirected, plumbed, piped, dammed or controlled in such a way that would cause water to travel or pass over or onto any adjacent private property or properties shall be deemed to be a separate offense.

[Amended 6-11-2001]

Because the discharge or draining of stormwater or surface water through a downspout or other apparatus into the sanitary sewer system of the City or the directing, redirecting, plumbing, piping, damming or controlling in such a way that would cause water to travel or pass over or onto any adjacent private property or properties is detrimental to the public health, safety and welfare of the property owners and residents of the City and a common and public nuisance, the Code Enforcement Official or his duly authorized representative is authorized to bring an action in a court of competent jurisdiction in the name of the City to compel any property owner to discontinue such action.

[Amended 6-11-2001]