1043.34 COST RECOVERY FOR DAMAGE TO STORM DRAIN SYSTEM.

   A discharger shall be liable for all costs incurred by the City as the result of causing a discharge that produces a deposit or obstruction, or causes damage to, or impairs a storm drain, or violates any of the provisions of this chapter. Costs include, but are not limited to, those penalties levied by the EPA or MDEQ for violation of an NPDES permit, attorney fees, and other costs and expenses.

(Ord. 07-2002-10. Passed 7-2-02.)

1043.35 COLLECTION OF COSTS; LIEN.

   Costs incurred by the City and the Drain Commissioner pursuant to Sections 1043.31, 1043.32, 1043.33, and 1043.34 shall be a lien on the premises which shall be enforceable in accordance with Act No. 94 of the Public Acts of 1933, as amended from time to time. Any such charges which are delinquent for six months or more may be certified annually to the City Treasurer who shall enter the lien on the next tax roll against the premises and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien for taxes. In addition to any other lawful enforcement methods, the City or the Drain Commissioner shall have all remedies authorized by Act No. 94 of the Public Acts of 1933, as amended.

(Ord. 07-2002-10. Passed 7-2-02.)

1043.36 APPEALS.

   Any person as to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the Ionia City Council the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal. The City Council shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the City Council may consider the recommendations of the City Engineer and the comments of other persons having knowledge of the matter. In considering any such appeal, the City Council may grant a variance from the terms of this chapter so as to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:

   (a)   The application of the chapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the chapter; and

   (b)   The granting of the relief requested will not substantially prevent the goals and purposes sought to be accomplished by this chapter, nor result in less effective management of storm water runoff.

(Ord. 07-2002-10. Passed 7-2-02.)

1043.37 SUSPENSION OF MS4 ACCESS.

   (a)   Suspension Due to Illicit Discharges in Emergency Situations. The City may, without prior notice, suspend MS4 discharge access to a person 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. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the MS4 or the environment or to minimize danger to persons.

   (b)   Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the City.

(Ord. 07-2002-12. Passed 8-12-02.)

STORM WATER EASEMENTS AND MAINTENANCE AGREEMENTS

1043.38 APPLICABILITY OF REQUIREMENTS.

   The requirements of Sections 1043.39 through 1043.41 concerning storm water easements and maintenance agreements shall apply to all persons required to submit a drainage plan to the City for review and approval.

(Ord. 07-2002-10. Passed 7-2-02.)

1043.39 STORM WATER MANAGEMENT EASEMENTS.

   The developer shall provide all storm water management easements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance required by the City and shall record such easements as directed by the City. The easements shall assure access for proper inspection and maintenance of storm water runoff facilities and shall provide adequate emergency overland flow-ways.

(Ord. 07-2002-10. Passed 7-2-02.)