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(a) BMPs shall be maintained in a condition that their effectiveness in treating runoff is not diminished, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual or the City of Carmel Stormwater Technical Standards Manual, and the terms and conditions of an approved stormwater management permit, and shall not be subsequently altered, revised, or replaced, except in accordance with the provisions of an approved stormwater management permit (as amended or revised) or as approved by the City of Carmel. The BMP owner is considered in violation of this Article if the BMP is not maintained properly.
(b) Following the issuance of an NOT or the installation of an acceptable BMP, inspection and maintenance of the BMP(s) shall be the long-term responsibility of the HOA or entity as specified in restrictive covenants. The HOA or entity is required to inspect the referenced BMP(s) at least once per year. The inspections shall follow the operation and maintenance procedures included in the City of Carmel Stormwater Technical Standards Manual and/or the stormwater management permit for each specific BMP. The inspection shall cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. The HOA or entity is required to submit a yearly inspection report form (City of Carmel Stormwater Technical Standards Manual) demonstrating proof of inspection, with the first report to be required one year after the HOA or entity gains ownership of the BMP(s), and subsequent reports due each year within the month of the original transfer of ownership. Noted deficiencies and corrective actions taken should be included in the report.
(c) The City of Carmel has the authority to perform long-term inspection of all public or privately owned BMPs. Such inspections will be in addition to that required to be performed by the HOA or the entity on a regular basis. The HOA or entity is in violation of this Article if an inspection report is not submitted to the City of Carmel within one month of the date due, if the HOA or entity fails to correct noted deficiencies within the allowed time period, or if the City of Carmel identifies a violation that was stated as not existing in the submitted inspection report.
(Ord. D-1794-06, 2-6-06)
(a) In the event an entity has violated this Article, the City of Carmel may order compliance by written notice of violation to the entity. Such notice may require without limitation:
(1) The performance of monitoring, analyzing, and reporting;
(2) The elimination of illicit connections or illicit discharges;
(3) That illicit discharges shall cease and desist;
(4) The abatement or remediation of the illicit discharge and the restoration of any affected property;
(5) Payment of a fine;
(6) The implementation of source control and/or installation of acceptable BMPs;
(7) Payment of any costs borne by the City of Carmel, including but not limited to, remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees;
(8) The installation, implementation, and/or maintenance of the approved components of a SWPPP or other erosion and sediment control practices as deemed necessary by the City of Carmel;
(9) Issuance of a stop work order; and/or
(10) Revocation or suspension of the stormwater management permit.
(b) The City of Carmel may, without prior notice of violation, suspend storm drainage system or MS4 access to an entity in the form of a suspension order when such suspension is necessary to stop an actual or threatened illicit discharge which presents or may present imminent and substantial danger.
(c) The notice of violation or suspension order shall:
(1) Be in writing;
(2) Include a description of the property for identification;
(3) Include a statement of the violation(s) and section violated and why the notice or order is being issued;
(4) Include a description of corrective actions to be taken allowing a sufficient reasonable amount of time, of at least one day from the time the notice of violation or suspension order is given, to make the repairs and improvements required to bring the property into compliance with the provisions of this Article; and
(5) Include a notice containing the right to appeal the City of Carmel's determination to the Board of Public Works in accordance with § 6-206.
(d) Reinspection of remedied violations will be assessed a reinspection fee in accordance with the City of Carmel Department of Engineering fee ordinance.
(e) If the entity fails to comply with a suspension order or fails to perform steps provided in a notice of violation within the established deadline, then the City of Carmel may take steps as deemed necessary to prevent or minimize damage or remediate a violation. All reasonable costs associated with the abatement or restoration shall be assessed against the owner of the property and may be filed as a lien against the property in the amount of the assessment. It shall be unlawful for any entity, owner, agent or person in possession of any premise to refuse to allow the City of Carmel or its designated contractor to enter upon the premise for the purposes set forth above.
(f) In the event of a suspension, the City of Carmel shall not reinstate suspended services or MS4 access to the entity until the entity presents proof, satisfactory to the City of Carmel, the illicit discharge has been eliminated and its cause determined and corrected. An entity violates this Article if the entity reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the City of Carmel.
(g) In addition to the penalties listed above, if construction activities are conducted contrary to the provisions of this Article or a stormwater management permit, the City of Carmel may order the work stopped by notice in writing, in the form of a stop work order, served on any entity engaged in the doing or causing of such work to be done, and any such entity shall forthwith stop such work until authorized by the City of Carmel to proceed with the work.
(Ord. D-1794-06, 2-6-06)
(a) Any entity receiving a notice of violation may appeal the determination of violation to the effect that a notice of violation or order served in accordance with this Article is in error, or should, due to hardship, be modified or entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Board of Public Works for rescission of the notice or order, or for a modification, variance, or extension of time for compliance.
(b) A request for rescission, modification, variance, or extension of time shall be made in writing, to the Controller’s Office, to be placed on the Board of Public Works and Safety agenda, within ten days of the appellant’s receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a hearing within 30 days of receipt of the request.
(c) All hearings before the Board of Public Works and Safety shall be open to the public. The appellant, the appellant's representative, and any persons whose interests are affected shall be given an opportunity to be heard.
(d) Prior to ruling on an appeal, the Board of Public Works and Safety shall make the following findings:
(1) The violator was served with a notice or order.
(2) The notice or order that was served stated the specific nature of the violation; corrective action to be taken to abate the violation; and a specific time period for abatement of violation.
(3) Within the time period stipulated by the notice or order, the violator failed to comply by not abating the violation, and/or not bringing into compliance with this Article.
(4) Upon expiration of the date indicated for compliance in the notice or order, the premises was being maintained in violation of specific provisions of this Article and/or conditions imposed by Board of Public Works and Safety as a prerequisite to the modification of a previous compliance order.
(5) Determination that a violation exists on the premises.
(e) At the conclusion of the hearing at which a continuance is not granted, the Board of Public Works and Safety may reverse, affirm, or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Board's determination and findings of fact shall be recorded and if a notice or order is affirmed or modified, the Board of Public Works and Safety shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Article.
(f) Any entity, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.
(g) Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Board of Public Works and Safety hears rules on the appeal.
(Ord. D-1794-06, 2-6-06; Ord. D-2505-19, 12-16-19)
No owner of any premise upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the notice of violation have been complied with, or until such owner first furnishes the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the City of Carmel and furnishes to the City of Carmel a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making corrections or repairs required by such notice of violation.
(Ord. D-1794-06, 2-6-06)
Violations of this Article are subject to civil fines and penalties as prescribed by the provisions of the City of Carmel Code of Ordinances, § 1-11.
(Ord. D-1794-06, 2-6-06)
(a) Definitions.
Board. The Board of Directors of the Department of Storm Water Management, the membership of which consists of and is coextensive with the members of the Board of Public Works and Safety of the City of Carmel, Indiana (“BPW”), pursuant to I. C., 8-1.5-3-3(a)(1).
Council. The Common Council of the City of Carmel, Indiana.
Department head. A person appointed by the Mayor of the City of Carmel pursuant to I.C., 36-4-9-2.
Effective date. The date upon which this Ordinance is passed and approved.
Fiscal body. Defined for this Ordinance by I.C., 36-1-2-6 and specifically means the Common Council of the City of Carmel, Indiana.
Legislative body. Defined for this Ordinance by I.C., 8-1.5-1-7 and specifically means the Common Council of the City of Carmel, Indiana.
Operations date. That date upon which the Department of Storm Water Management commences providing services to the City and is currently established as November 1, 2014, or upon such other date as the Board directs.
Superintendent. A person appointed by the Board pursuant to I.C., 8-1.5-3-4(a)(3) whose powers and duties are described therein.
(b) The provisions of I.C., 8-1.5-5, as the same may be amended from time to time, are hereby adopted by the Common Council of the City of Carmel, Indiana (“Council”), when referring to the legislative and fiscal body of the City) and are hereby effective and operative within the City.
(c) Pursuant to I.C., 8-1.5-5, a Department of Storm Water Management (“Department”), consisting of a department head recommended by the Mayor and approved by the Board, one or more superintendents appointed by the Board, and designated staff, is hereby created for the purpose of providing for the collection, treatment, drainage, and disposal of storm surface water in the City.
(d) Pursuant to I.C., 8-1.5-3-3(a) BPW shall act as the board of directors for the Department of Storm Water Management (“Board”, when referring to controlling body of the Department of Storm Water Management) and is hereby directed to control the City’s storm water facilities and shall have all of the powers and responsibilities set forth in I.C., 8-1.5-3-4(a) and I.C., 8-1.5-5-6, and as otherwise provided by law or in equity.
(e) Pursuant to I.C., 8-1.5-3-3(a)(1), the membership of the Board shall be coextensive with the membership of the BPW.
(f) Pursuant to I.C., 8-1.5-5, there is hereby created a special taxing district, known as the “Carmel Storm Water District,” which shall include all of the territory within the corporate boundaries of the City of Carmel, Indiana (“District”).
(g) The City of Carmel Board of Public Works and Safety has conducted a storm water program and capital improvement budget study (“Study”), a copy of which is attached hereto and incorporated herein, as Exhibit B, which Study recommends an initial monthly Storm Water User Fee of $4.95 for each residential property located in the District based on an average impervious area which has been calculated by the Study to be 4,150 square feet per residential lot.
(h) The BPW, acting with the assistance of the Department, shall annually:
(1) Prepare, approve, and implement a budget;
(2) Prepare, prioritize, and approve a list of capital projects for the purposes of controlling, mitigating, remediating, and/or otherwise managing storm water and issues related thereto to be systematically undertaken;
(3) Develop and implement a “Credit Manual” consistent with the recommendations of the Study and any additional assistance from the Department deemed necessary or helpful that provides credits in the form of adjustments in Storm Water User Fees and/or related charges for landowners and property owners whose properties exhibit characteristics materially different from the calculated ERU value or who have undertaken demonstrable and objective infrastructure improvements upon the landowners’ property which reduce the area of impermeable surface, capture, retain, or detain storm water runoff or otherwise, in the objective determination of the Department as reflected in the Credit Manual, warrant an adjustment in Storm Water User Fees;
(4) Manage the finances of the Department with an annual goal that all administrative expenses and overhead not exceed 20% of the gross total of all Storm Water User Fees collected on an annual basis, thus ensuring that storm water funds are significantly dedicated to capital projects designed to improve storm water management;
(5) Approve any and all indebtedness proposed to be incurred by the Department. No debt may be incurred by the Department without the express authorization and approval of the Board as evidenced by special resolution or annual budget approval;
(6) Determine reasonable and just rates and charges for services to utility patrons;
(7) Make monthly reports to the City’s fiscal officer of the Department’s receipts and disbursements and an annual report of the condition of the Department; and
(8) Take such other actions as are required or permitted by law.
(i) The Clerk of the BPW shall function as the Clerk of the Board. Within twenty-four (24) hours of any appropriation made by the Board, the Clerk shall provide notice of said appropriation, in writing, delivered electronically, to all members of the Council. If no written objection is made by a Council member to the Clerk within ten (10) days after the date notice was sent, the appropriation shall be deemed valid. If however, after receiving said notice, any member of the Council objects in writing to the appropriation, the appropriation shall appear on the next Council agenda and shall be approved only if upheld by a majority vote of Council members present at the meeting.
(Ord. D-2154-13, As Amended, 7-21- 14; Ord. D-2265-16, 1-4-16)
(a) The Council, acting under the authority granted to the City’s fiscal body by I.C., 8-1.5-5-7(b) to approve a storm water user fee, adopts and approves the storm water user fees proposed by the City of Carmel Board of Public Works and Safety in the Resolution for the District, to wit:
(1) The monthly storm water user fees shall be uniform for all residential properties located in the District, and the same shall be assigned one equivalent residential unit (“ERU”).
(2) The monthly storm water user fees for all non-residential properties located in the District shall be determined by using an ERU multiplier, which shall be the quotient obtained by dividing the total square feet of impervious surface area within a nonresidential property by a divisor of 4,150 square feet, which quotient will then be multiplied by the ERU to obtain the storm water user fee, except that the monthly storm water user fee for a non-residential property located in the District shall not be less than one ERU.
(3) The monthly storm water user fees for all unimproved property located in the District shall be the product of the ERU multiplied by 0.33.
(4) The ERU shall be $5.10.
(5) Annual COLA Increase. On January 1 of each year, beginning in 2017, a 3% Cost of Living Adjustment shall be added to the previous year’s rates and charges. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage of the COLA increase for the next fiscal year.
(b) If the monthly storm water user fee is not paid by its due date, as stated on the Department's fee invoice, which may be combined with and made a part of the City's billings issued pursuant to City Code § 9-231, a late charge of 10% will be assessed, together with the costs of collection, if any, including reasonable attorney's fees.
(c) The Department shall be responsible for calculating and assessing all monthly storm water user fees and for establishing billing and collection procedures for the same, the storm water user fees so collected to be segregated and deposited in a non-reverting fund, and for taking all other lawful actions, including, but not limited to, those set forth in City Code § 9-231 and I.C., 8-1.5-5-7, as are necessary or convenient in order to implement the City's storm water management and user fee system.
(Ord. D-2154-13, As Amended, 7-21- 14; Ord. D-2273-16, 1-4-16)
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