§ 92.098 INSPECTION AND NOTICE.

   It shall be the duty of the Director of the Department of Planning and Development, or any city employee designated by him or her, to ascertain the extent of holes, uneven surfaces or other defects in the sidewalks in the city, and to notify the owners of the property directly adjacent to that part of the sidewalk which is found to be defective, to repair or replace the same at their own expense within a period of 30 days after receiving the notice.

(Prior Code, § 92.098) (Ord. passed 12-16-2018)

§ 92.099 FAILURE TO COMPLY IS A VIOLATION.

   Any owner of property who shall fail to repair the sidewalk as set out above within 30 days after receiving notice shall be guilty of a violation of this code for each day that the sidewalk remains unrepaired after the period fixed by the notice.

(Prior Code, § 92.099) (Ord. passed 12-16-2018)

§ 92.100 PERFORMANCE BY CITY.

   (A)   The city may, at its option, after notifying the property owners to repair the sidewalk as set out above, enter upon the sidewalk and repair or replace it in the same manner as set out above, and shall bill the respective property owners for the cost of labor and materials for the repair of the sidewalk, and the city shall have a lien against the property for the payment of such costs.

   (B)   After expiration of 30 days after the work on the repairing of the sidewalk is performed by the city, the property owners shall be liable for a penalty of 3% per annum of the cost of the labor and materials, and the same shall be a lien against the property and shall run with the land until paid.

(Prior Code, § 92.100) (Ord. passed 12-16-2018)

ILLICIT DISCHARGES AND ILLICIT CONNECTIONS TO STORM WATER SYSTEM

§ 92.115 PURPOSE AND SCOPE.

   This subchapter is intended to protect the general health, safety and welfare of the citizens of the city by declaring illicit discharges into the storm sewer system to be nuisances, and more specifically:

   (A)   To protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act, being 33 U.S.C. §§ 1251 et seq. (Pub. L. 92-500, 95-217) by prohibiting non-storm water discharges to the municipal separate storm sewer system (MS4), collectively called “storm water conveyance system”;

   (B)   To prohibit illicit discharges and connections to the MS4; and

   (C)   To establish legal authority to carry out all inspections, surveillance and monitoring, and enforcement procedures necessary to ensure compliance with this section.

(Prior Code, § 92.150) (Ord. 21-2008, passed 12-22-2008)

§ 92.116 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DEPARTMENT OF STORM WATER MANAGEMENT. The Enforcement Agency working through the Director of Storm Water Management and duly authorized staff, representatives or designees.

   HAZARDOUS MATERIALS. Any materials, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical, biological or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

   ILLICIT DISCHARGE. Any direct or indirect non-storm water substance or hazardous materials disposed, deposited, spilled, poured, injected, seeped, dumped, leaked or placed by any means, intentionally or unintentionally, into the MS4 or any area that has been determined to drain directly or indirectly into the MS4, except as exempted in § 92.118 of this chapter.

   ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4. Included are conveyances which allow any non-storm water discharge including sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted or approved.

   MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance, or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels and storm drains designed or used for collecting or conveying storm water to the waters of the United States. Sanitary and combined sewers are not included in the definition of the MUNICIPAL SEPARATE STORM SEWER SYSTEM.

   NON-STORM WATER DISCHARGE. Any discharge to the MS4, that is not composed solely of storm water, except as permitted by § 92.118 of this chapter.

   POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

   PREMISES. The area of land, site, grounds or property on which the illegal discharge emanates or the illicit connection exists.

(Prior Code, § 92.151) (Ord. 21-2008, passed 12-22-2008)

§ 92.117 GENERAL PROVISIONS.

   (A)   Except as herein provided or exempted by the Director of Storm Water Management, this section shall apply to all non-storm water discharges and connections to the MS4 owned and operated by the city.

   (B)   The Director of Storm Water Management shall administer, implement and enforce the provisions of this section.

   (C)   This subchapter shall be construed to ensure consistency with requirements of the Clean Water Act, the city’s KPDES Phase 2 Program, and acts amendatory thereof or any other applicable regulations.

   (D)   The standards and requirements set forth herein and promulgated pursuant to this subchapter are minimum standards. This subchapter does not intend, nor imply, that compliance by any person, company, developer or any other entity will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants into the MS4.

(Prior Code, § 92.152) (Ord. 21-2008, passed 12-22-2008)