6.615 Stormwater Facility Operation and Maintenance

6.615 Stormwater Facility Operation and Maintenance.

(1) Purpose. The purpose of section 6.615 is to ensure that stormwater management facilities designed and constructed in accordance with sections 9.6790 through 9.6797 of this code and the Stormwater Management Manual adopted by administrative order of the city manager are operated and maintained in a manner that protects life and property from flood and drainage hazards, protects water quality, and protects the waterways in the headwaters area from the erosive effects of runoff.

(2) Applicability. Section 6.615 applies to all stormwater facilities designed and constructed in accordance with sections 9.6791 through EC 9.6797 of this code and the Stormwater Management Manual.

(a) Unless the city accepts the responsibility to operate and maintain a stormwater facility, all stormwater management facilities shall be privately operated and maintained.

(b) All stormwater facilities shall be operated and maintained in accordance with the applicant’s Operations and Maintenance Plan submitted to the city with the application proposing the private operation and maintenance of the stormwater facility.

(4) Reports. Periodic reports verifying that the stormwater facility is and has been operated and maintained as required in (3)(b) above, shall be prepared and submitted to the city within the time and manner required by administrative rules adopted by the city manager pursuant to section 2.019 of this code.

(a) Inspections. The city may make periodic inspections to ensure compliance with this code, the Stormwater Management Manual, and the Operations and Maintenance Plan. Authorized representatives of the city may enter private property at reasonable times to ensure such compliance and to conduct on-site inspections or routine maintenance of stormwater facilities. If the premises are occupied, the city representative shall first present proper credentials and request entry. If the premises are unoccupied, reasonable efforts shall first be made to locate the owner or person in charge of the premises and request entry. No person shall deny a request for, or interfere or prevent any inspection authorized by this section. Should entry be refused, the city shall have recourse to every remedy provided by law to secure entry, including the issuance of a search warrant.

(b) Violations. Failure to operate and maintain a stormwater facility in accordance with section 6.615, the Stormwater Management Manual or the Operations and Maintenance Plan may result in:

1. The issuance of a stop work order or compliance order by the city;

2. The issuance of a citation into municipal court for violation of this code;

3. The imposition of an administrative civil penalty pursuant to the provisions of section 2.018 of this code as authorized by section 6.995 of this code;

4. An order to investigate all of the impacts caused by the violation; and/or

5. Abatement of the unlawful actions as a nuisance as provided in sections 6.005 through 6.115 of this code, including, but not limited to, complete restoration of all impacts to open waterways resulting from the unlawful actions.

(c) For purposes of subsections (5)(b)(2) and (5)(b)(3) of section 6.615, each date that the unlawful condition exists shall constitute a separate violation.

(d) For purposes of enforcing an administrative civil penalty imposed under this section and, if applicable, entry of a lien pursuant to section 2.018(11), if the violation for which the penalty was imposed involves a stormwater facility located on a portion of a planned unit development, condominium or other development that is commonly owned or owned by a homeowners’ association, each parcel or unit in the development shall be liable for the administrative civil penalty, and the city may enter a lien for the full amount of the unpaid administrative civil penalty against each parcel or unit in the development.

(e) Failure to file a periodic report required by subsection (4) of this section and administrative rules adopted pursuant to that section may result in imposition of an administrative civil penalty pursuant to the provisions of section 2.018 of this code.

(f) Appeal. Any person to whom a stop work order or compliance order is issued may appeal the stop work order or compliance order within the time and in the manner prescribed in section 2.021 of this code. Notwithstanding any other provision of this code, a stop work order or compliance order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal.

(6) Rules and fees. The City manager may adopt rules and fees for implementation of section 6.615, using the procedures in sections 2.019 and 2.020 respectively of this code.