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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
TITLE THREE - Public Utilities
TITLE FIVE - Other Public Services
CHAPTER 951 City Cemeteries
CHAPTER 955 Parks
CHAPTER 959 Sanitation Department Rules and Regulations
CHAPTER 960 Storm Water Management
960.01 DEFINITIONS.
960.02 PURPOSE AND INTENT.
960.03 APPLICABILITY.
960.04 ADMINISTRATION.
960.05 DISCLAIMER OF LIABILITY.
960.06 ENVIRONMENTAL LAWS.
960.07 SEVERABILITY.
960.08 CONFLICTING INFORMATION.
960.09 PROPERTY RIGHTS.
960.10 RESPONSIBILITY.
960.11 DUTY TO MITIGATE.
960.12 INFORMATION.
960.13 WATERCOURSE PROTECTION.
960.14 PROHIBITION OF ILLICIT DISCHARGES.
960.15 PROHIBITION OF ILLEGAL CONNECTIONS.
960.16 CONTROL OF MATERIALS AND DEBRIS.
960.17 NOTIFICATION OF SPILLS.
960.18 STORM WATER PERMITS.
960.19 SIGNATORY REQUIREMENTS.
960.20 STORM WATER PERMIT COVERAGE.
960.21 STORM WATER PERMIT TRANSFER.
960.22 STORM WATER PERMIT MODIFICATION.
960.23 STORM WATER PERMIT TERMINATION.
960.24 STORM WATER POLLUTION PREVENTION PLAN (SWP3).
960.25 CONTROL PRACTICE MAINTENANCE.
960.26 SELF-INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
960.27 CITY INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
960.28 POST-CONSTRUCTION INSPECTION AND MAINTENANCE AGREEMENTS.
960.29 DEED OR FINAL PLAT REQUIREMENTS.
960.30 PERMANENT EASEMENTS.
960.31 REVIEW AND PERMITTING FEES.
960.32 ACCESS AND INSPECTION.
960.33 ENFORCEMENT.
960.34 APPEAL OF NOTICE OF VIOLATION.
960.35 ENFORCEMENT MEASURES AFTER APPEAL.
960.36 STOP WORK ORDERS.
960.37 INJUNCTIVE RELIEF.
960.38 VIOLATIONS DEEMED A PUBLIC NUISANCE.
960.39 MINOR MISDEMEANOR.
960.40 FEE RECOVERY.
960.41 REMEDIES NOT EXCLUSIVE.
960.42 CREATION OF A STORM WATER UTILITY PROGRAM.
960.43 FUNDING THE STORM WATER UTILITY PROGRAM.
960.44 STORM WATER UTILITY PROGRAM ENTERPRISE FUND.
960.45 STORM WATER UTILITY OPERATING BUDGET.
960.46 RATE STRUCTURE CHARGES AND FEES.
960.47 NECESSITY FOR CHARGES.
960.48 POWERS OF THE SAFETY-SERVICE DIRECTOR.
960.49 RIGHT TO APPEAL BY NONRESIDENTIAL PROPERTY OWNER.
960.50 COLLECTION.
960.51 ADJUSTMENTS TO STORM WATER SERVICE CHARGES.
960.52 PAYMENT OF CHARGES.
960.53 FALSIFYING INFORMATION.
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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960.25 CONTROL PRACTICE MAINTENANCE.
   (a)   The permittee shall at all times properly operate and maintain all facilities and systems of storm water management and related appurtenances which are installed or used by the permittee to achieve compliance with the conditions of the permit and this chapter.
   (b)   Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed by a permittee when necessary to achieve compliance with the conditions of the permit and this chapter.
   (c)   All temporary and permanent control practices shall be maintained to meet the design standards and repaired as needed to ensure continued performance of their intended function.
   (d)   The applicant shall provide a description of inspection and maintenance procedures needed to ensure the continued performance of temporary and permanent storm water control practices as part of the SWP3.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
960.26 SELF-INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
   (a)   Inspections of all control measures shall be in accordance with the approved SWP3.
   (b)   The permittee shall assign qualified inspection personnel to conduct inspections.
   (c)   The purpose of such inspections will be to ensure that the control practices are functional, evaluate whether the SWP3 is adequate and properly implemented in accordance with the schedule proposed, determine the overall effectiveness of the plan and determine the need for additional control measures.
      (1)   Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for pollutants entering the storm water drainage system.
      (2)   Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
      (3)   Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
   (d)   All inspections shall be documented in written form and submitted to the City Engineer at the time interval specified in the approved permit. Submissions shall include the following information:
      (1)   Names and qualifications of personnel making the inspection;
      (2)   The date and location of the inspection;
      (3)   Whether construction is in compliance with the approved storm water management plan;
      (4)   Variations from the approved construction specifications;
      (5)   Any violations that exist; and
      (6)   Steps taken to correct such violations and the date these corrective actions were taken.
   (e)   The permittee shall maintain for three years following permit termination approval, a record summarizing the results of the inspections.
(Ord. 2008-18. Passed 2-19-08.)
960.27 CITY INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
   (a)   The City Engineer, or authorized representative, may enter permitted sites at reasonable times as deemed necessary to make regular on-site inspections to ensure the validity of self-inspection reports. Such inspections may take place before, during and after any earth change activity for which a permit has been issued.
   (b)   If the inspection reveals that a control practice is in need of repair or maintenance, it must be repaired or maintained by the date specified by the City Engineer.
   (c)   If the inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the SWP3 must be modified in accordance with the provisions of this chapter and the new control practice must be installed by the date specified by the City Engineer.
   (d)   If the inspection reveals that a control practice has not been implemented in accordance with the schedule contained in the SWP3, the control practice must be implemented by the date specified by the City Engineer. If the inspection reveals that the planned control practice is not needed, the permittee must submit to the City Engineer a statement of explanation as to why the control practice is not needed within ten days from the date of the inspection.
(Ord. 2008-18. Passed 2-19-08.)
960.28 POST-CONSTRUCTION INSPECTION AND MAINTENANCE AGREEMENTS.
   (a)   All post-construction, or permanent, storm water facilities installed since April 21, 2003,shall have signed inspection and maintenance agreements with the City to ensure the system continues to function as designed.
   (b)   The City may, at any time in writing, require a time frame in which to address any maintenance needs of a storm water management control practice and/or an increase to inspection and maintenance requirements.
   (c)   Parties responsible for the inspection and maintenance of storm water management facilities shall make records available to the City during inspections and at other reasonable times upon request.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
960.29 DEED OR FINAL PLAT REQUIREMENTS.
   (a)   All storm water inspection and maintenance agreements shall be recorded on the deed for the property and any subsequent split(s) of the property, and reference thereon shall be made to the person or entity which shall be responsible for long-term inspection and maintenance.
   (b)   The locations, dimensions and bearings of all storm water management facilities, drainage and any access or permanent easements, regardless of maintenance provisions, shall be recorded as a deed restriction, or when in an approved subdivision, with the final plat, or be included in covenants and restriction filed with the deed or plat.
   (c)   A note on the plat or restriction in the deed shall prohibit unauthorized alterations to any watercourse or improvement without the approval of the City Engineer and shall further provide access to the premises according to this chapter.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
960.30 PERMANENT EASEMENTS.
   (a)   Permanent easements shall be provided by the property owner for all storm water drainage systems outside dedicated public road rights-of-way. Such permanent easements shall be not less than twenty-five feet in width, in addition to the width of the storm water drainage system, unless otherwise approved by the City Engineer.
   (b)   Those lots crossed by a permanent easement shall be restricted against the planting within said permanent easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of storm water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the grading plan.
   (c)   The permanent easements shall be recorded with the plat in the name of the City and will remain in effect even with transfer of title to the property.
(Ord. 2008-18. Passed 2-19-08.)
960.31 REVIEW AND PERMITTING FEES.
   (a)   Permitting fees shall be assessed for the review, permitting and inspection of activities regulated under this chapter.
   (b)   The current fee schedule is located under Chapter 109 General Fee Schedule and can be requested from the City Engineering Department.
   (c)   Fees are due at the time the application is submitted or the permit is modified.
(Ord. 2008-18. Passed 2-19-08.)
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