[Ord. No. 22-14, 4-11-2022]
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 City of Oronogo by establishing legal authority to
carry out all inspection and work necessary to ensure compliance with
this Article.
[Ord. No. 22-14, 4-11-2022]
For the purposes of this Article, the following shall mean:
Structural device, measure, facility or activity that helps
to achieve stormwater management control objectives at a designated
site.
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.
A permit issued by the City of Oronogo for the construction
or alteration of ground, improvements and structures for the control
of erosion, runoff, and grading.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
[Ord. No. 22-14, 4-11-2022]
This Article shall apply to all entities requiring a Land Disturbance
Permit from the City of Oronogo whose approved plans contain permanent
stormwater BMPs, unless explicitly exempted by the City of Oronogo.
[Ord. No. 22-14, 4-11-2022]
The Public Works Director 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. 22-14, 4-11-2022]
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. 22-14, 4-11-2022]
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. 22-14, 4-11-2022]
A.
For any site requiring a Land Disturbance Permit, all stormwater
BMPs shall be maintained according to the measures outlined in the
most recent version of the City of Oronogo Stormwater Management Design
Manual, 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:
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 Oronogo may complete the necessary
maintenance at the owner's/operator's expense.
[Ord. No. 22-14, 4-11-2022]
A.
Applicability. This Section applies to all entities requiring a Land
Disturbance Permit from the City of Oronogo whose approved plans contain
permanent stormwater BMPs, unless explicitly exempted by the Public
Works Director.
B.
Access To Facilities.
1.
The Public Works Director or other authorized agent 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 Oronogo.
2.
Facility operators shall allow the Public Works Director or
other authorized agent 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 Public Works Director or other authorized agent and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
4.
Unreasonable delays in allowing the Public Works Director or
other authorized agent access to facility are a violation of this
Article.
5.
If the Public Works Director or other authorized agent 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 Oronogo may
seek issuance of a search warrant from any court of competent jurisdiction.
[Ord. No. 22-14, 4-11-2022]
A.
Whenever the Public Works Director finds that a person has violated
a prohibition or failed to meet a requirement of this Article, the
Public Works Director may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
1.
The performance maintenance work;
2.
The violating practices, or operations shall cease and desist;
3.
Payment of a fine to cover administrative; and
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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
with 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.
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[Ord. No. 22-14, 4-11-2022]
Any person receiving a Notice of Violation may appeal the determination
of the Public Works Director. 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 Board of Aldermen shall take place within
sixty (60) days from the date of receipt of the notice of appeal.
The decision of the municipal authority or their designee shall be
final except on appeal to the Circuit Court of Jasper County, Missouri.
[Ord. No. 22-14, 4-11-2022]
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 and/or agent of person
in possession of any premises to refuse to allow the City of Oronogo
or designated agent or contractor to enter upon the premises for the
purposes set forth above.
[Ord. No. 22-14, 4-11-2022]
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 nine percent (9%) per annum shall be assessed
on the balance beginning on the 1st day following the discovery of
the violation.
[Ord. No. 22-14, 4-11-2022]
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 Oronogo 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. 22-14, 4-11-2022]
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. 22-14, 4-11-2022]
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 Oronogo may recover all attorneys' fees court costs and
other expenses associated with enforcement of this Article, including
sampling and monitoring expenses.
[Ord. No. 22-14, 4-11-2022]
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 Oronogo to seek
cumulative remedies.
[Ord. No. 22-14, 4-11-2022]
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.
