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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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960.28 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.)
960.32 ACCESS AND INSPECTION.
   (a)   The City Engineer, or authorized representative, shall be permitted to enter and inspect sites and/or facilities subject to this chapter as often as may be necessary to determine compliance with this chapter.
   (b)   The City Engineer, or authorized representative, shall have the right to set up at sites and/or facilities subject to this chapter such devices as are necessary to conduct monitoring and/or sampling of a site and/or facility's storm water discharge.
   (c)   The City Engineer, or authorized representative, shall have the right to require the site and/or facility owner or operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the site and/or facility owner or operator at the owner or operator's expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
   (d)   Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the site and/or facility's owner or operator at the written or oral request of the City Engineer, or authorized representative. The costs of clearing such access shall be borne by the site and/or facility owner or operator.
(Ord. 2008-18. Passed 2-19-08.)
960.33 ENFORCEMENT.
   (a)   Notice of Violation. Whenever the City Engineer, or authorized representative, finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Engineer, or authorized representative, may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
      (1)   The performance of monitoring, analyses, and reporting;
      (2)   The elimination of illicit connections or discharges;
      (3)   That violating discharges, practices, or operations shall cease and desist;
      (4)   The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
      (5)   Payment of a fine to cover any administrative and legal costs; and
      (6)   The implementation of source control or treatment BMPs.
   (b)   If abatement of a violation and/or restoration of affected property are required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner or operator fail to remediate or restore within the established deadline, legal action for enforcement may be initiated.
   (c)   Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
   (d)   Administrative Hearing. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the City shall schedule an administrative hearing with the author of the notice of violation, the City Engineer, a member of the Law Department and a member of the Safety Service Department to determine reasons for noncompliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
(Ord. 2008-18. Passed 2-19-08.)
960.34 APPEAL OF NOTICE OF VIOLATION.
   Any person receiving a notice of violation may appeal the determination of the City Engineer. The notice of appeal must be received within thirty days from the date of the notice of violation. Hearing on the appeal before the appropriate authority of his or her designee shall take place within sixty days from the date of receipt of the notice of appeal. The decision of the Municipal authority or their designee shall be final.
(Ord. 2008-18. Passed 2-19-08.)
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