[Ord. No. 13-32 §1, 7-16-2013]
Increased impervious area and compacted soils due to development
can endanger water resources by increasing flow volumes in streams,
causing stream degradation and downstream flooding, and by reducing
water quality. The function of permanent stormwater controls is to
reduce the negative effects of development. Permanent stormwater controls
must be maintained to remain effective. The purpose of this chapter
is to safeguard persons, protect property, and prevent damage to the
environment in Carl Junction by establishing legal authority to carry
out all inspection and work necessary to ensure compliance with this
Article.
[Ord. No. 13-32 §1, 7-16-2013]
For the purposes of this Article, the following shall mean:
BEST MANAGEMENT PRACTICE (BMP)
Structural device, measure, facility or activity that helps
to achieve stormwater management control objectives at a designated
site.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing
to be used to control sediment and erosion on a development site during
and after construction.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT
A permit issued by the City of Carl Junction for the construction
or alteration of ground, improvements and structures for the control
of erosion, runoff, and grading.
[Ord. No. 13-32 §1, 7-16-2013]
This Article shall apply to all entities requiring a site development
permit from the City of Carl Junction whose approved plans contain
permanent stormwater BMPs, unless explicitly exempted by the City
of Carl Junction.
[Ord. No. 13-32 §1, 7-16-2013]
The City of Carl Junction shall administer, implement, and enforce
the provisions of this Article. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing
by the administrator of the authorized enforcement agency to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
[Ord. No. 13-32 §1, 7-16-2013]
The provisions of this Article are hereby declared to be severable.
If any provisions, clause, sentence, or paragraph of this Article
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this Article.
[Ord. No. 13-32 §1, 7-16-2013]
The standards set forth herein and promulgated pursuant to this
Article are minimum standards; therefore this Article does not intend
nor imply that compliance by any person will ensure that there will
be no increase in flow volumes in streams, stream degradation, downstream
flooding, or reduction in water quality.
[Ord. No. 13-32 §1, 7-16-2013]
A. For any site requiring a site development permit, all stormwater
BMPs shall be maintained according to the measures outlined in the
most recent version of the City of Carl Junction Stormwater Management
Criteria, and as per approved plans and any maintenance agreements.
B. The person(s) or organization(s) responsible for maintenance shall
be designated in the plans. Options include:
2.
Homeowners' association, provided that provisions for financing
necessary maintenance are included in deed restrictions or other contractual
agreements.
3.
Other, as approved by the City.
C. Any maintenance agreement shall specify responsibilities for financing
maintenance.
D. If maintenance activities are not completed in a timely manner, or
as specified in the plans, the City of Carl Junction may complete
the necessary maintenance at the owner's/operator's expense.
[Ord. No. 13-32 §1, 7-16-2013]
A. Applicability. This Section applies to all entities
requiring a site development permit from the City of Carl Junction
whose approved plans contain permanent stormwater BMPs, unless explicitly
exempted by the City of Carl Junction.
B. Access To Facilities.
1.
The City of Carl Junction shall be permitted to enter and inspect
facilities subject to regulation under this Article as often as may
be necessary to determine compliance with this Article. If a site
has security measures in force which require proper identification
and clearance before entry into its premises, the site owner shall
make the necessary arrangements to allow access to representatives
of the City of Carl Junction.
2.
Facility operators shall allow the City of Carl Junction ready
access to all parts of the premises for the purposes of inspection,
examination and copying of records, performance of maintenance work,
and the performance of any additional duties as defined by State and
Federal law.
3.
Any temporary or permanent obstruction to safe and easy access
to the facility for purposes of inspection or performing maintenance
work shall be promptly removed by the operator at the written or oral
request of the City of Carl Junction and shall not be replaced. The
costs of clearing such access shall be borne by the operator.
4.
Unreasonable delays in allowing the City of Carl Junction access
to a facility are a violation of this Article.
5.
If the City of Carl Junction has been refused access to any
part of the premises containing permanent stormwater BMPs, and he/she
is able to demonstrate probable cause to believe that there may be
a violation of this Article, or that there is a need to inspect and/or
perform maintenance work as part of a routine inspection program designed
to verify compliance with this Article or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the City of Carl Junction may seek issuance of a search
warrant from any court of competent jurisdiction.
[Ord. No. 13-32 §1, 7-16-2013]
A. Whenever the City of Carl Junction finds that a person has violated
a prohibition or failed to meet a requirement of this Article, the
City of Carl Junction may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
1.
The performance of maintenance work;
2.
The violating practices or operations shall cease and desist;
3.
Payment of a fine to cover administrative costs.
B. If maintenance work is required, the notice shall set forth a deadline
within which such work must be completed. Said notice shall further
advise that, should the violator fail to perform the work within the
established deadline, the work will be done by the City, a designated
agency or a contractor, and the expense thereof shall be charged to
the violator.
[Ord. No. 13-32 §1, 7-16-2013]
Any person receiving a notice of violation may appeal the determination
of the City of Carl Junction. The notice of appeal must be received
within ten (10) days from the date of the notice of violation. Hearing
on the appeal before the appropriate authority or his/her designee
shall take place within fifteen (15) days from the date of receipt
of the notice of appeal. The decision of the municipal authority or
its designee shall be final.
[Ord. No. 13-32 §1, 7-16-2013]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within fifteen (15) days of the decision of the municipal authority
upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, or agent of the person
in possession of any premises to refuse to allow the City of Carl
Junction or designated agent or contractor to enter upon the premises
for the purposes set forth above.
[Ord. No. 13-32 §1, 7-16-2013]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of assessment within ten (10) days. If the
amount due is not paid within a timely manner, determined by the decision
of the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provisions of this
Article shall become liable to the City by reason of such violation.
The liability shall be paid in not more than twelve (12) equal payments.
Interest at a rate of percent per annum shall be assessed on the balance
beginning on the first day following the discovery of the violation.
[Ord. No. 13-32 §1, 7-16-2013]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Article. If
a person has violated or continues to violate the provisions of this
Article, the City of Carl Junction may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
[Ord. No. 13-32 §1, 7-16-2013]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated, or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
[Ord. No. 13-32 §1, 7-16-2013]
A. Any person that has violated or continues to violate this Article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of five hundred dollars
($500.00) per violation per day and/or imprisonment for a period of
time not to exceed thirty (30) days.
B. The City of Carl Junction may recover all attorneys' fees, court
costs and other expenses associated with enforcement of this Article,
including sampling and monitoring expenses.
[Ord. No. 13-32 §1, 7-16-2013]
The remedies listed in this Article are not exclusive of any
other remedies available under any applicable Federal, State, or local
law, and it is within the discretion of the City of Carl Junction
to seek cumulative remedies.
[Ord. No. 13-32 §1, 7-16-2013]
This Article shall be in full force and effect immediately after
its final passage and adoption. All prior ordinances and parts of
ordinances in conflict with this Article are hereby repealed.