(A) Rules concerning procedures, criteria and standards shall be adopted, amended or abolished in compliance with the policies of §§ 14-5-2-1 et seq. and as provided by the procedures of this section.
(B) Proposed rule changes relating to procedures, criteria and standards pursuant to §§ 14-5-2-1 et seq. are initiated by the City Engineer or any person may submit such proposed rule changes to the City Engineer. If a person other than an official of the city submits such a proposal, there may be a processing fee set by a rule of the City Engineer.
(C) Prior to the adoption, amendment or repeal of any rule pursuant to §§ 14-5-2-1 et seq. (hereafter, "rule change"), the City Engineer shall:
(1) Publish summary notice of the proposed rule change and solicit comments in a daily newspaper of general circulation in the city and also where appropriate in trade, industrial, or professional publications as will reasonably give public notice to interested persons.
(2) Send the proposed rule change to all applicable city departments, as determined by the City Engineer, and AMAFCA and solicit written comments.
(3) Send the proposed rule change to any person or group filing written request for notice of all such rule changes. A fee may be charged those requesting notices to cover reasonable city costs.
(4) Solicit written comment on proposed rule changes for a period of 30 days from the date of their distribution and consider all comments before ruling on proposed rule changes.
(5) Upon adoption of a contested rule change, issue a concise statement of his or her principal reasons for the rule change and statement of positions rejected in adopting the rule change together with the reasons for the rejection. All persons who submit any writing to be considered in connection with the proposed rule change shall promptly be given a copy of the decision, by mail or otherwise.
(D) If a proposed rule change is approved by the City Engineer after receiving comments, notice shall be posted in a conspicuous place in City Hall and a reasonable effort shall be made to notify all interested parties. Proposed rule changes shall not take effect sooner than 30 days from posting of notice or sooner than 90 days from original distribution for comment.
(E) In the event of an emergency, the Mayor may direct that rules concerning procedures, criteria or standards take effect immediately upon their posting and distribution. The Mayor's finding of an emergency and brief statement of the reasons for this finding shall be incorporated in the emergency rule change. Upon adoption of an emergency rule change which change shall remain in effect for longer than 60 days, notice to the public shall be given within seven days and opportunity for public comment shall be given in the manner required in this section for proposed rules.
(F) Appeal of the City Engineer's rule-making decisions is as provided in § 14-5-2-15. Regular rules, adopted under division (D) of this section, do not take effect until an appeal is decided if they are appealed prior to taking effect. Emergency rules adopted under division (E) of this section and regular rules which have taken effect prior to appeal are in effect until such time as they may be reversed by appeal action.
(G) Regulation relating to groundwater cleanup flows discharged to public storm drainage and flood control facilities shall be exempted from the provisions of this section. Requirements relating to groundwater cleanup flows shall be established by the City Engineer on a case by case basis, based on public health and safety needs, operational needs, and state and federal regulatory compliance requirements current at time of promulgation. The requirements and conditions shall include provisions for public liability protection from groundwater cleanup flow discharges to the city's systems.
('74 Code, § 7-9-13) (Ord. 63- 1982; Am. Ord. 89-1989; Am. Ord. 2013-016; Am. Ord. 2018-020)