[Ord. No. 215 § 1, 6-10-2013]
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 Article is to safeguard persons, protect property, and prevent damage to the environment in Duquesne by establishing legal authority to carry out all inspection and work necessary to ensure compliance with this Article.
[Ord. No. 215 § 1, 6-10-2013]
For the purposes of this Chapter, 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.
GRADING PERMIT
A permit issued by the City of Duquesne for the construction or alteration of ground, improvements and structures for the control of erosion, runoff, and grading.
SITE
A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
[Ord. No. 215 § 1, 6-10-2013]
This Article shall apply to all entities requiring a grading permit from the City of Duquesne whose approved plans contain permanent stormwater BMPs, unless explicitly exempted by the City of Duquesne.
[Ord. No. 215 § 1, 6-10-2013]
The City of Duquesne 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. 215 § 1, 6-10-2013]
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. 215 § 1, 6-10-2013]
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. 215 § 1, 6-10-2013]
A. 
For any site requiring a grading permit, all stormwater BMPs shall be maintained according to the measures outlined in the most recent version of the City of Duquesne Stormwater Management Design Manual, and as per approved plans and maintenance agreement.
B. 
The person(s) or organization(s) responsible for maintenance shall be designated in the plans. Options include:
1. 
Property owner.
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. 
The 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 Duquesne may complete the necessary maintenance at the owner's/operator's expense.
[Ord. No. 215 § 1, 6-10-2013]
A. 
Applicability. This Section applies to all entities requiring a grading permit from the City of Duquesne whose approved plans contain permanent stormwater BMPs, unless explicitly exempted by the City of Duquesne.
B. 
Access To Facilities.
1. 
The City of Duquesne 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 Duquesne.
2. 
Facility operators shall allow the City of Duquesne 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 Duquesne 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 Duquesne access to the facility are a violation of this Article.
5. 
If the City of Duquesne 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 Duquesne may seek issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 215 § 1, 6-10-2013]
A. 
Whenever the City of Duquesne finds that a person has violated a prohibition or failed to meet a requirement of this Article, the City of Duquesne 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; and
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. 215 § 1, 6-10-2013]
Any person receiving a notice of violation may appeal the determination of the City of Duquesne. 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. 215 § 1, 6-10-2013]
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 Duquesne or its designated agent or contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 215 § 1, 6-10-2013]
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 the rate of eight percent (8%) per annum shall be assessed on the balance beginning on the first day following the discovery of the violation.
[Ord. No. 215 § 1, 6-10-2013]
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 Duquesne 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. 215 § 1, 6-10-2013]
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. 215 § 1, 6-10-2013]
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 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 Duquesne may recover all attorneys' fees, court costs and other expenses associated with enforcement of this Article, including sampling and monitoring expenses.
[Ord. No. 215 § 1, 6-10-2013]
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 Duquesne to seek cumulative remedies.
[Ord. No. 215 § 1, 6-10-2013]
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.