[HISTORY: Adopted by the Village Board of Trustees of the Village
of Scottsville as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-2005 by L.L. No. 5-2005]
This article shall be known as the "Stormwater Drainage Law."
The purpose of this article is to permit the collection of stormwater
in the Village of Scottsville by allowing residents to connect to the Village
stormwater drainage system as long as the connection is performed in an acceptable
and uniform manner.
The stormwater system of the Village of Scottsville consists of pipes
laid in streets and rights-of-way with all other appurtenances which are used
to control the stormwater. Its purpose is to provide for the collection of
stormwater in order to promote the health, safety, and general welfare of
the residents of the Village of Scottsville.
It shall be unlawful for any person to enter into, open, connect with,
use, or do any repair or maintenance work, with respect to the stormwater
system except under the inspection and direction of the Superintendent of
Public Works and without first obtaining a written permit from the Superintendent
of Public Works.
The owner, or his or her agent, shall make application on a special
form furnished by the Village of Scottsville. The permit application shall
be supplemented by such plans, specifications and other information considered
pertinent and requested by the Superintendent of Public Works. A permit and
inspection fee, in an amount set forth, from time to time, by resolution of
the Board of Trustees, shall be paid to the Village Clerk at the time the
application is filed.
The owner, before a permit is issued under this article, shall agree
to indemnify the Village of Scottsville from any loss or damage that may directly
or indirectly be occasioned by the installation of the connection to the stormwater
system.
All costs and expense incident to the installation and connection shall
be borne by the owner. The owner shall also be liable for the initial cost
of installation and continued maintenance of the connection to the stormwater
system.
All excavations for connection to the stormwater system shall be adequately
guarded with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in the course
of the work shall be restored in a manner satisfactory to the Village.
The Superintendent of Public Works, and other duly authorized employees
of the Village, shall be permitted to enter upon any property, at reasonable
hours, for the purpose of inspecting, measuring, sampling, testing, repairing,
or disconnecting, or for any purpose reasonably necessary to carry out and
enforce the provisions of this article.
A.
The Board of Trustees of the Village may, at any time,
in its discretion, stop and prevent the discharge into the stormwater system
of any substance which it considers may injure the sewer system or interfere
with its normal operation or obstruct the flow or hinder any process. The
Village Board of Trustees may, in furtherance of this provision, sever the
connection and cause the removal of any stormwater drainage connection through
which such detrimental substances are being discharged, or cause the water
service to be discontinued, or both.
B.
No action shall be taken by the Village Board of Trustees
to implement the foregoing provisions unless the Village shall have given
the owner at least 48 hours' notice, in writing, stating the action to
be taken and the grounds therefor, except that such notice shall not be required
if immediate action is necessary to prevent injury to the stormwater system
or any part thereof.
A.
Any person found to be violating any provision of this
article shall be served by the Village with notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations.
C.
In the alternative, upon violation of this article, the
proper authorities of the Village, in addition to the other remedies, may
institute any appropriate action or proceedings, including any injunction,
to prevent such unlawful use, construction or maintenance of the stormwater
system, pipes or drains or to restrain, correct or abate such violation or
to prevent the occupancy of any building, structure or land where such violations
of this article are found.
D.
Any person violating any of the provisions of this article
shall become liable to the Village for any expense, loss or damage occasioned
by reason of such violations.