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(a) All stormwater management systems dedicated to, and accepted by the City shall be maintained by the City. Maintenance of all other stormwater management systems approved in compliance with this chapter shall be accomplished by the legal entity responsible for maintenance, which may include an approved entity as identified below:
(1) Local government: A county, municipality, inland lake board, or other appropriate governmental unit, or combination of local governments.
(2) Special district: An active drainage district or a special assessment district.
(3) State or federal agency: An appropriate state or federal agency.
(4) Public utility: An officially franchised, licensed, or approved communication, water, sewer, electrical, stormwater, or other public utility.
(5) Developer or property owner: A developer or property owner who provides a bond or other assurance of continued financial capability to operate and maintain stormwater management systems and who executes a legal maintenance agreement with the Director.
(6) Property owner association: Property owner associations able to comply with the following provisions:
A. The association provides a binding legal instrument through which it assumes full responsibility for stormwater management system operation and maintenance.
B. The association has sufficient powers to operate and maintain the system, establish rules, assess members, contract for services, exist perpetually, and, if dissolved, to provide alternate operation and maintenance services.
C. The association can provide a bond or other assurance of financial capability to operate and maintain the system.
(b) All systems not dedicated to the City shall have adequate easements to permit the City to inspect and, if necessary, to take corrective action should the responsible entity fail to properly maintain the system.
(Ord. 11-01. Passed 8-21-01.)
Any development activity commenced without compliance with this chapter or any activity conducted contrary to the requirements of this chapter shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. The City may institute injunctive mandamus or other appropriate action for the enforcement of this chapter and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus, or other appropriate forms of remedy or relief.
(Ord. 11-01. Passed 8-21-01.)
(a) Every person owning property through which a water course passes, or such person's lessee, shall keep and maintain that part of the water course within the property free of trash, debris, and other obstacles that would pollute, contaminate or retard the flow of water through the water course. This obligation shall not extend to obstacles created by non man-made activities, events, or Furbearers, including but not limited to beavers, otters, and muskrat. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a water course so that such structures will not become a hazard to the use, function, or physical integrity of the water course.
(b) A person who violates this section is responsible for a Class C municipal civil infraction and the fines set forth at Section 202.98.
(Ord. 04-08. Passed 3-18-08; Ord. 16-2019. Passed 12-17-19.)
(a) If a previously permitted development is found to be in violation of Chapter 1047, then the violating development must, per orders of the Director, implement the best management practices as set forth in the TRM, to eliminate the offending discharge into the storm sewer system.
(b) All new and redevelopment projects in the City involving .5 acres of land or more, in addition to complying with the provisions of Chapter 1047, must comply with the applicable water quality requirements as set out in the TRM.
(1) Phosphorous in stormwater runoff must be reduced as per the City's specified requirements as set forth in the TRM.
(c) Developments consisting of greater than fifty percent impervious surface or containing a potential source of oil and grease contamination shall include a baffle, skimmer, grease trap, or other suitable oil and grease separation mechanism as described in the TRM.
(d) The City may require reduction efforts on an individual site or universal basis, to be undertaken for other pollutants as they are identified to be threats to public health and safety and addressed.
(Ord. 04-08. Passed 3-18-08; Ord. 16-2019. Passed 12-17-19.)
(a) When the City determines that development activity or maintenance of an approved stormwater management system is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner or other appropriate responsible entity. The notice of violation shall contain the following items:
(1) The name and address of the owner or other responsible entity.
(2) The street address when available or a description of the building structure or land where the violation is occurring.
(3) A statement specifying the nature of the violation.
(4) A description of the remedial actions necessary to bring the development activity into compliance with this chapter, and a time schedule for completion of such remedial actions.
(5) A statement of the penalty or penalties that shall or may be assessed against the person(s) to whom the notice of violation is directed.
(6) A statement that the determination of violation by the City may be appealed to the City Commission within fifteen days of service of notice of violation.
(b) Said notice is to be served upon the person(s) to whom it is directed, either personally in the manner provided for personal service of notices in the court, or through certified mail, postage prepaid, return receipt requested. A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the City Commission.
(Ord. 11-01. Passed 8-21-01; Ord. 04-08. Passed 3-18-08.)
A person or entity found to be in violation of this chapter, or in violation of a maintenance agreement with the City, may be required to restore any alteration of the affected property to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(Ord. 11-01. Passed 8-21-01; Ord. 04-08. Passed 3-18-08; Ord. 16-2019. Passed 12-17-19.)
(a) Any person convicted of violating the provisions of this chapter shall be responsible for a Class C Municipal civil infraction and shall be subject to the civil fine provided in Section 202.98 for each and every violation along with any costs imposed at the discretion of the court. Each day that a violation continues shall be considered a separate offense.
(b) In addition to the penalty provided in this section, this chapter may be enforced by suit for injunction, action for damages, or any equitable relief appropriate to the enforcement of this chapter, including, but not limited to, that relief provided for M.C.L.A. 600.8302(4).
(Ord. 11-01. Passed 8-21-01.)