(A) Requirements for all existing locations and developments. The following requirements shall apply to all locations and development at which land disturbing activities have occurred previous to the enactment of this chapter:
(1) Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP manual and on a schedule acceptable to the city;
(2) Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed;
(3) Drainage ways shall be properly covered in vegetation or secured with rip-rap, channel lining and the like to prevent erosion;
(4) Trash, junk, rubbish and the like shall be cleared from drainage ways; and
(5) Storm water runoff shall be controlled to the extent reasonable to prevent pollution of local waters.
(B) Requirements for existing problem locations. The city shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problem affecting the locations and developments, and may recommend action to correct those problems. The notice shall also specify reasonable time for compliance.
(C) Inspection of existing facilities. The city may, to the extent authorized by state and federal law, establish inspection programs to verify that all storm water management facilities, including those built before as well as after the adoption of the ordinance comprising this chapter, are functioning within design limits. These inspection programs may be established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the municipality's NPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, ground water and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs.
(D) Corrections of problems subject to appeal. Corrective measures imposed by the storm water utility under this section are subject to appeal under § 14-812 of this chapter.
(Ord. 1167, passed 4-24-2008)