[Ord. No. 2772 §1, 5-20-2002]
A.
The
City Engineer may grant a waiver from the requirements of this Storm
Water Management Ordinance if there are unique and exceptional physical
circumstances or conditions applicable to the site such that strict
adherence to the provisions of the ordinance will result in unnecessary
hardship and not fulfill the intent of the ordinance. Economic hardships
do not constitute grounds for a waiver.
B.
A written
request for a waiver prepared by a professional engineer shall be
required and shall state the specific waiver sought and the reasons,
with supporting data, for their granting. The request shall be in
the format of a preliminary storm water management plan and include
descriptions, drawings, calculations and any other information that
is necessary to evaluate the proposed waiver.
C.
The
City Engineer will conduct a review of the request for a waiver within
a reasonable period of time.
[Ord. No. 2772 §1, 5-20-2002; Ord.
No. 3494, 5-4-2020]
Any person aggrieved by a decision of the City Engineer (including
any decision to deny a waiver from the terms of this Chapter) may
appeal any such decision by filing a written notice of appeal with
the Public Works Director or designee of the City Administrator ("Appeals
Officer") within thirty (30) calendar days of the issuance of said
decision by the City Engineer. If the Public Works Director and City
Engineer are the same person, then an appeal shall be submitted to
a designee of the City Administrator. The notice of appeal shall state
the specific reasons why the decision of the City Engineer is alleged
to be in error. The City Engineer shall prepare and send to the Appeals
Officer and appellant a written response to said notice of appeal.
The Appeals Officer shall render a decision within ten (10) days of
receipt of all information.
[Ord. No. 2772 §1, 5-20-2002]
A.
Upon
determination that a violation of this Chapter has occurred, the owner
shall be given a written notice of the violations and the time in
which to correct the deficiencies.
B.
If
construction violations of the approved plan are occurring, an immediate
stop work order may be issued by the City Engineer.
C.
Any
person violating this Chapter or any part thereof, including failing
to stop work upon order, shall upon conviction thereof be fined as
established in the City's Comprehensive Schedule of Fees[1] or imprisoned not more than thirty (30) clays for each
offense. Such violations continued shall constitute a new and separate
offense and be punished, as aforesaid, for each separate period of
violation.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
D.
The
City Attorney may institute injunctive or other appropriate action
or proceedings at law or equity for the enforcement of this Chapter
or to correct violations of this Chapter, and any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus or other appropriate forms of remedy
or relief.
[Ord. No. 2772 §1, 5-20-2002; Ord.
No. 3637, 3-20-2023]
Any person requesting the City to provide design- and/or construction-related
services to address storm water management facility improvements shall:
A.
Verify
the problem is located within a regional storm water management facility
and not the result of a single lot drainage problem.
B.
Request
the City Engineer or a professional engineer to prepare an evaluation
of the storm water management facility in accordance with this Chapter.
C.
The
evaluation will then be categorized in accordance with the public
works storm water rating system for inclusion to the capital improvements
plan.
[Ord. No. 2772 §1, 5-20-2002]
Any applicant or owner of a parcel of land within the jurisdiction
of the City who has constructed the required storm water management
facility or who is in the process of meeting the storm water management
requirements of the law at the time of the effective date of this
Chapter may elect to apply to the City Engineer for reconsideration
under the provisions of this Chapter.
[Ord. No. 2772 §1, 5-20-2002]
Whenever the provisions of this Chapter impose more restrictive
standards than are required in or under any other ordinance, the regulations
herein contained shall prevail. Whenever the provisions of any other
ordinance require more restrictive standards than are required herein,
the requirements of such shall prevail.
[Ord. No. 2772 §1, 5-20-2002]
If any term, requirement or provision of this Chapter or the
application thereof to any person or circumstance shall, to any extent,
be invalid or unenforceable, the remainder of this Chapter or the
application of such terms, requirements and provisions to persons
or circumstances, other than those to which it is held invalid or
unenforceable, shall not be affected thereby and each term, requirement
or provision of this Chapter shall be valid and be enforced to the
fullest extent permitted by law.
[Ord. No. 2772 §1, 5-20-2002]
This Chapter may be amended in the manner as prescribed by law
for its original adoption. Before the City Governing Body amends this
Chapter, it must seek the advice of the City Engineer who will make
a recommendation for each amendment.
[Ord. No. 2772 §1, 5-20-2002]
Neither the approval of a plan under the provisions of this
Chapter nor the compliance with the provisions of this Chapter shall
relieve any person from the responsibility for damage to any person
or property otherwise imposed by law nor shall it impose any liability
upon the City for damage to any person or property.
[Ord. No. 2772 §1, 5-20-2002]
The ordinance shall be effective within thirty (30) days after
adoption of this Chapter by the City and by reference to the Storm
Water Management Design Manual, as amended.
