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(A) Property owner. The owner of any property that contains ESD non-structural or structural SWM practices installed pursuant to this chapter, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all ESD non-structural or structural SWM measures, grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices in perpetuity. Such repairs or restoration and maintenance shall be in accordance with previously approved plans.
(B) Maintenance program. The person responsible for facility maintenance shall institute a maintenance program that addresses every component of the SWM system. The program must include elements of routine maintenance including but not limited to the following:
(1) Regular visual inspection;
(2) Litter and debris removal;
(3) Vegetation management including regular mowing and control of woody vegetation on dam structures;
(4) Maintenance of undisturbed areas around infiltration facilities;
(5) Cleaning of oil/grit separators;
(6) Repair of erosion and settlement areas;
(7) Removal of collected sediments;
(8) Re-seeding or replanting of vegetation when needed; and
(9) Any maintenance required to maintain the stability and function of the system.
(C) Routine maintenance. The following routine maintenance may be required by the county:
(1) Bank and slope stabilization;
(2) Repair of severe erosion and heavy sedimentation after intense rainfall events;
(3) Repair of structural components;
(4) Maintenance and replacement of mechanical components;
(5) The replacement of filter medium and reconstruction of nonfunctioning infiltration facilities;
(6) The clean-out of underground storage structures and storm sewer systems; and
(7) The reconstruction of dams and other components.
(D) Visual inspections. During visual inspections evidence of the following shall be noted:
(1) Obstruction of inlet or outlet devices with trash or any debris;
(2) Any erosion or the collection of sediments in basins;
(3) Any surface cracking or settlement of the dam or associated structures;
(4) Low spots or depressions that collect water;
(5) The deterioration of pipes;
(6) The stability and general condition of emergency spillways;
(7) The stability of slopes;
(8) Upstream and downstream channel conditions; and
(9) Any vandalism.
(E) SWM facilities. SWM facilities shall be maintained to protect the general health and welfare of the community. Facilities shall be kept in a condition that does not allow for the unintended ponding of water such that mosquito breeding conditions occur. The facilities shall be maintained so that they are easily inspected and do not harbor pests or disease vectors.
(F) Pond maintenance. Wet pond maintenance shall include regular maintenance to control mosquito populations through the use of integrated pest management including water management and biological control. Mosquito control larvicides shall be used to inhibit population growth. If larviciding is not possible or the mosquito population at a specific facility is large enough to constitute a public health threat, mosquito adulticides shall be used.
(G) Vegetation management. Woody vegetation shall be prevented from becoming established on dam structures. Grass cover shall be regularly maintained by mowing at six to eight inches in height. Grass around facilities shall not be over-fertilized.
(H) Repairs. The prompt repair of ground surfaces, walls, drains, dams and structures, erosion and sediment control measures, and other protective devices and the re-establishment of vegetation is required. Any repair or restoration and maintenance shall be accomplished in accordance with plans approved by the county.
(I) Maintenance schedule. A perpetual maintenance schedule shall be developed for any ESD, nonstructural, or structural SWM practice and shall state the maintenance to be completed, the time period for completion, and identify the party responsible to perform the maintenance. This maintenance schedule shall be printed on the approved SWM plan.
(2004 Code, § 191-25) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)
ADMINISTRATION AND ENFORCEMENT
(A) Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
(B) The county may, for enforcement purposes, use any one or a combination of the following actions:
(1) When the county determines that a violation of the approved SWM plan, any provisions of this chapter, or any regulations has occurred, on site personnel and the property owner shall be notified in writing of the violation with a stop work order posted on the site. The notice shall describe the required corrective action, and specify the time period in which the violation shall be corrected;
(2) Bonds or securities shall be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken;
(3) In addition to other sanctions, a civil action or criminal prosecution may be brought against any person in violation of the state law, the Design Manual, or this chapter;
(4) If a person is working without SWM approval, the county shall post a stop work order on the site except activity necessary to provide erosion and sediment control. The stop work order shall remain in effect until approval is obtained; and/or
(5) The county may deny the issuance of any permit or stormwater management approval on any project to an applicant when the county determines that the applicant has failed to comply with the provisions of any SWM plan or this chapter.
(2004 Code, § 191-26) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2010-05, passed 4-29-2010)
(A) Any person aggrieved by issuance of a written notice of violation or denial of a variance of the technical requirements of this chapter may appeal the action to the County Commissioners or a Board of Appeals appointed by the County Commissioners, which shall hold a hearing on the appeal.
(B) The appeal shall:
(1) Be filed in writing within 30 days of the date of written transmittal of the final decision or determination to the applicant, or notice of violation; and
(2) State clearly the grounds on which the appeal is based.
(C) Appeal fees:
(1) The appellant shall pay a nonrefundable filing fee as determined by the county; and
(2) The appellant shall pay all costs of the appeal as assessed by the County Commissioners or Board of Appeals.
(2004 Code, § 191-27) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004)
(A) Violations.
(1) Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $50,000 or imprisonment not exceeding one year or both for each violation, with costs imposed in the discretion of the court. Each day that a violation continues shall be a separate offense.
(B) Additional penalties; civil penalties.
(1) In addition to any other penalty set forth in this chapter, the county may institute injunctive or other appropriate action or proceedings of law to correct violations of this chapter. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions, or other appropriate forms of relief.
(a) Any person who violates a provision of this chapter or fails to comply with any of the requirements of this chapter, will be subject to all necessary corrective actions. If satisfactory actions toward complying with corrections required in the Notice of Violation (NOV) are not made by the owner within 30 days after issuance of the NOV, the county may seek a court order granting authority to enter onto the property and perform the work necessary to correct the violation and the county may recover the cost of the work and penalties by placing a lien on the property or by including the cost of the work on the property tax bill and collecting the cost as ordinary taxes.
(2) The county may seek a civil penalty of not more than $10,000 per day for each violation. Each day that a violation continues shall be a separate offense.
(Ord. 2018-11, passed 11-29-2018)