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Elyria Overview
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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960.31 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.)
960.35 ENFORCEMENT MEASURES AFTER APPEAL.
   If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within thirty days of the decision of the Municipal authority upholding the decision of the City Engineer, then the City Engineer, or his duly authorized agents, representatives, or contractors, shall be authorized to enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
960.36 STOP WORK ORDERS.
   (a)   The City Engineer, or authorized representative, may, without prior notice, suspend all work as described in the permit when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State. If the violator fails to comply with a stop work order, the City Engineer may take such steps as deemed necessary to stop or prevent the discharge.
   (b)   Stop work orders may be issued by the City Engineer, or authorized representative, verbally with written notification to follow.
(Ord. 2008-18. Passed 2-19-08.)
960.37 INJUNCTIVE RELIEF.
   It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter pursuant to Ohio R.C. 3709.211. If a person has violated or continues to violate the provisions of this chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 2008-18. Passed 2-19-08.)
960.38 VIOLATIONS DEEMED A PUBLIC NUISANCE.
   In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and is pursuant to Section 521.10 of this Code of Ordinances.
(Ord. 2008-18. Passed 2-19-08.)
960.39 MINOR MISDEMEANOR.
   Any person that has violated or continues to violate this chapter shall be subject to a minor misdemeanor, according to the law of the State of Ohio.
(Ord. 2008-18. Passed 2-19-08.)
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