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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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960.35 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.)
960.40 FEE RECOVERY.
   The City may seek to recover all attorneys' fees, court costs and other expenses associated with enforcement of these regulations, including but not limited to sampling and monitoring expenses.
(Ord. 2008-18. Passed 2-19-08.)
960.41 REMEDIES NOT EXCLUSIVE.
   The remedies listed in this chapter are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the City Engineer to seek cumulative remedies.
(Ord. 2008-18. Passed 2-19-08.)
960.42   CREATION OF A STORM WATER UTILITY PROGRAM.
   (a)   The function of the newly created Storm Water Utility Program within the Safety- Service Department is to provide for the safe and efficient capture of storm water runoff, mitigate the damaging effects of storm water runoff, correction of storm water problems; to fund activities of storm water management, and include design, planning, regulation, education, coordination, construction, operations, maintenance, inspection and enforcement activities.
   (b)   It is the express intent of this newly created storm water utility program, to protect the public health, safety and welfare of people, property and the environment, in general, but not to create any special duty or relationship with any individual person, or to any special parcel within or outside the boundaries of the City. The City expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages or equitable remedies upon the City, its elected officials, officers, employees and agents arising out of any alleged failure or breach of duty or relationship.
(Ord. 2014-71. Passed 8-4-14.)
960.43   FUNDING THE STORM WATER UTILITY PROGRAM.
   Funding for the storm water utility’s activities may include, but are not limited to: storm water service charges; storm water permits, inspection fees, the City General Fund; other funds or income obtained from Federal, State, local, and private grants, or loans.
(Ord. 2014-71. Passed 8-4-14.)
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