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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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960.42   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.)
960.44   STORM WATER UTILITY PROGRAM ENTERPRISE FUND.
   All service charges and all sources of revenue generated by or on behalf of the storm water utility shall be deposited in a Storm Water Utility Enterprise Fund and used exclusively for the storm water utility.
(Ord. 2014-71. Passed 8-4-14.)
960.45   STORM WATER UTILITY OPERATING BUDGET.
   City Council shall adopt an operating budget for the storm water utility each fiscal year. The operating budget shall set forth for such fiscal year revenues and estimated expenditures for operations, maintenance, and extension and replacement and debt service.
(Ord. 2014-71. Passed 8-4-14.)
960.46   RATE STRUCTURE CHARGES AND FEES.
   For the services rendered as determined in the cost of service analysis and use of the storm water system, rates and charges shall be collected from the owner of each and every lot, parcel of real estate or building that is situated within the corporate limits of the City, that is tributary, directly or indirectly to the storm water system of the City as defined in the cost of service analysis. Such rates and charges include user charges, debt service costs and other service charges in which rates shall be payable as hereinafter provided and shall be in an amount determinable as follows:
   (a)   The storm water rates and charges shall be based upon the quantity of impervious area situated thereon.
   (b)   All properties having impervious area within the City will be assigned an equivalent residential unit (ERU) or a whole multiple thereof, with every lot having impervious area receiving at least one ERU.
   (c)   Single-family parcels. All single-family parcels will be assigned one ERU. A flat rate will apply to all single-family properties.
   (d)   Duplex parcels. All duplex parcels shall be assigned one ERU. A flat rate will apply to all duplex parcels.
   (e)   Condominium single-story parcels. All condominium single story parcels shall be assigned one ERU. A flat rate will apply to all condominium parcels.
   (f)   Agricultural parcels. All Agricultural parcels shall be assigned one ERU. A flat rate will apply to all agricultural parcels.
   (g)   Nonresidential parcels. Nonresidential parcels will be assigned an ERU whole multiple based upon the properties' individual measured impervious area (in square feet) divided by 2,700 square feet (1 ERU). This division will be calculated to the first decimal place and rounded to the nearest whole ERU according to mathematical convention.
   (h)   For the service rendered to the City for any City property excluding roadways and storm water systems, the City shall not be subject to the same rates and charges hereinabove provided.
   (i)   Base rate. City Council shall, by resolution, establish the base rate for the storm water utility service charge. The base rate shall be calculated to ensure adequate revenues to fund the expenditures of storm water management and to provide for the operation, maintenance, and capital improvements of the storm water system within the City limits.
(Ord. 2014-71. Passed 8-4-14; Ord. 2015-117. Passed 11-23-15.)
960.47   NECESSITY FOR CHARGES.
   It is hereby determined necessary for the protection of public health, safety, and welfare and to conform with Federal, State, and local laws and regulations that a system of charges for storm water service be established which allocates the cost of providing storm water service to each user in such a manner that the allocated costs are proportionate to the cost of providing storm water service to that user, insofar as those costs can reasonably be determined.
(Ord. 2014-71. Passed 8-4-14.)
960.48   POWERS OF THE SAFETY-SERVICE DIRECTOR.
   Storm water service charges levied pursuant to this ordinance may be collected by the Safety-Service Director. Notwithstanding other provisions of the Elyria City Code, the Safety- Service Director or his or her designee shall make and enforce such rules and regulations as deemed necessary for the safe, economical, and efficient management and protection of the City's storm water system; for the construction and use of storm sewers and connections to the storm water system consistent with policies established by the City Council; and for the regulation collection, rebating and refunding of such storm water charges.
(Ord. 2014-71. Passed 8-4-14.)
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