1361.10 MAINTENANCE OF STORMWATER DRAINAGE FACILITIES AND CONTROL STRUCTURES.

   When stormwater management facilities and control structures are located on private property, it is the private post-construction operator's/developer's responsibility to inspect and properly maintain the facilities. In addition, an Operation and Maintenance Plan shall be developed and implemented in accordance with the Stormwater Design Manual. The maintenance of minor detention in areas such as swales, etc. on individual parcels or lots in new subdivisions shall be the responsibility of the individual parcel or lot owners. Special provisions shall be written into the deeds for the individual parcels or lots in new subdivisions, so the owners are aware that the parcels or lots are used for temporary stormwater    storage. The City shall require all of the stormwater drainage facilities and control structures to be designed to minimize maintenance costs.

(Ord. 22-045. Passed 3-15-22.)

1361.11 RIGHT OF ACCESS

   The City of Mansfield shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.

(Ord. 22-045. Passed 3-15-22.)

1361.12 ENFORCEMENT

   (a)   If the City of Mansfield or its duly authorized representative determines that a violation of the rules adopted under this code exists, the City of Mansfield or representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.

   (b)   All development areas may be subject to external inspections by the City Engineer and/or designee to ensure compliance with the regulation.

   (c)   After each external inspection, the City Engineer and/or designee shall prepare and distribute a status report to the applicant.

   (d)   If an external inspection determines that the operations are being conducted in violation of any of the provisions of this regulation the City Engineer and/or designee may take action as detailed in Section 1361.13 of this regulation.

(Ord. 22-045. Passed 3-15-22.)

1361.13 VIOLATIONS

   (a)   No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.

   (b)   Upon notice, the City Engineer and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, where the City Engineer and/or designee finds that the immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

   (c)   Notice of Violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the City may order compliance by written notice of violation to the owner and/or occupant. Such notice may require without limitation:

      (1)   Specific details about the violation;

      (2)   Violating discharges, practices, or operations shall cease and desist;

      (3)   Specific details about the elimination of illicit connections or discharges;

      (4)   The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

      (5)   The timeframe within which the violator must cure any deficiencies;

      (6)   In addition to any other monetary penalties set forth in these regulations, the owner and/or occupant shall reimburse the City for the time expended by its representatives and the City shall further be reimbursed any remediation costs via an administrative fee and costs passed through to the owner;

      (7)   The implementation of source control or treatment Sediment Control Measures; and,

      (8)   The performance of monitoring, analyses, and reporting required.

   (d)   If it is determined that a violation of this Chapter exists fourteen (14) days following the notice of violation, the responsible person shall be notified of the deficiencies or noncompliance and stop work order by the Office of the City Engineer in writing and by certified mail. Upon issuance of the final letter for noncompliance and stop work order, the deficiencies or noncompliance shall be reported to the law director.

   (e)   Abatement. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the works will be completed by a designated governmental agency or contractor of the City's choosing and the expenses thereof, including actual City representatives' time, shall be charged to the violator.

(Ord. 22-045. Passed 3-15-22.)

1361.14 APPEALS.

   Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Mansfield in relation to this regulation may appeal to the City Planning Commission or Court of Common Pleas. Written notice of appeal shall be served on the City of Mansfield. (Ord. 22-045. Passed 3-15-22.)

1361.99 PENALTY.

   Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a minor misdemeanor. Whoever violated any provision of his chapter or fails to comply with any of its requirements shall be fined not more than one hundred dollars ($100.00) for each offense.

   Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 22-045. Passed 3-15-22.)