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Ordinance 3880-22
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Ordinance 3880-22
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Last modified
3/10/2023 12:04:55 PM
Creation date
7/7/2022 9:19:51 AM
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Ordinances
Ordinance Number
3880-22
Date
6/29/2022
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Version: May 19, 2022 <br /> 1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, <br /> monitor for proper function of stormwater facilities, stormwater drainage systems, source control <br /> BMPs, respond to spills and illicit discharges or whenever the Director has reasonable cause to <br /> believe that violations of this chapter are present or operating on a subject property or portion <br /> thereof, the Director or designee may enter such premises at all reasonable times to inspect the <br /> same or perform any duty imposed upon the Director by this chapter; provided, that if such <br /> premises or portion thereof is occupied, the Director or designee shall make a reasonable effort <br /> to contact the owner or other person having charge or control of the premises or portion thereof. <br /> 2. Property owners are required to permit reasonable ingress and egress by the Director or <br /> designee to any stormwater facilities, source control BMPs, or to perform any duty imposed upon <br /> the Director by this chapter. <br /> D. Enforcement. <br /> 1. Enforcement Orders. The Director shall have the authority to issue an enforcement order to an <br /> owner or responsible party to maintain or repair a component of a stormwater facility or <br /> stormwater drainage system, implement structural or operational source control BMPs, or <br /> address illicit discharges, spills or connections in accordance with the provisions of this chapter. <br /> The order shall include: <br /> i. A description of the property, including the address and tax assessor number; <br /> ii. A description of the specific nature, extent, date, and time of the violation and the damage <br /> or potential damage that reasonably might occur; <br /> iii. A notice to cease and desist the violation or the potential violation and, in appropriate cases, <br /> the specific corrective actions to be taken; and <br /> iv. A reasonable time to comply, depending on the circumstances, not to exceed six (6) <br /> months. <br /> 2. Stop Work Orders. Whenever any private or public construction work is being done contrary to <br /> the provisions of this chapter or any regulation adopted hereunder, the Director is authorized to <br /> order the work stopped pursuant to EMC 13.72.010 and Chapter EMC 1.20. <br /> 3. Inspection Fee. The Director may impose a maintenance inspection fee for any stormwater <br /> facilities or source control BMPs found not to be in compliance with this chapter. This inspection <br /> fee shall be independent of any current or future penalties that may be incurred by the property <br /> 20 <br />
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