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A. Adjustments: An applicant may apply in writing to the director for an adjustment to the minimum requirements. All requests for an adjustment shall be requested as part of and included with the permit or approval application that is to be reviewed by the city administrator, the hearing examiner, or the planning commission. The application shall include the application fee; a written statement addressing the decision criteria set forth in section 2.7 of volume 1 of the manual; a site plan showing all information relevant to the request including, but not limited to: location of existing and proposed structures, roads, property lines, parking areas, landscaping and buffers; data to be obtained to address feasibility of incorporating LID BMPs; and any other information the director deems necessary in order to fully consider the application. The director may, in writing, grant, condition, or deny the application for an adjustment based upon the criteria set forth in section 2.7, volume 1 of the manual. The application fee shall be set by the resolution or ordinance of the city council. In the event no application fee has been so established, the application fee shall be the same as the fee for a variance under title 13, "Development Regulations", of this code.
B. Variances: An applicant may apply for a variance from the requirements of this article when there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this article will result in unnecessary hardship and will not fulfill the intent of this article. A written request for variance shall be provided to the city and shall state the specific variances sought and reasons for their granting. Variances from the requirements of this article may be made by permit applicants in accordance with table 9-5A-16.1 of this section based upon the highest numbered permit type. All requests for a variance from the city's stormwater management standards set forth in this article shall be requested as part of and included with the permit or approval application that is to be reviewed by the city administrator, the hearing examiner, or the planning commission. Variances shall not be granted to the city's stormwater management standards after a permit or approval final decision has been made. Variances requested after a final decision has been made are subject to judicial appeal in accordance with section 15-4-1, table 15-4-1 of this code.
(Based On Section 15-4-1 Of This Code)
Permit Type | Recommendation By | Final Decision By | When To Submit Variance Request |
1 or 2 | Not applicable | City administrator | With permit application for final decision by city administrator |
3 | Not applicable | Hearing examiner | With permit application for final decision by hearing examiner |
3a | Not applicable | Planning commission | With permit application for final decision by planning commission |
4 or 5 | Planning commission | City council | With permit application for recommendation by planning commission |
C. Application: Submittal of an application for an adjustment or variance shall include:
1. A completed application form.
2. A site plan showing all information relevant to the request including, but not limited to: location of existing and proposed structures, roads, property lines, parking areas, landscaping and buffers.
3. Mailing labels of all property owners within three hundred feet (300') of the project site.
4. A written statement addressing the decision criteria (see subsection D of this section) and any other information required by the city at the preapplication meeting.
5. Payment of the application fee as set by the resolution or ordinance of the city council. In the event no application fee has been so established, the application fee shall be the same as the fee for a variance under title 13, "Development Regulations", of this code.
D. Variance Permitted: Variances from the requirements of this article may be permitted only after a determination has been made by the city administrator, hearing examiner, or planning commission, and the determination has been made in consideration of the following items. A variance from LID BMPs is not required if LID BMPs are not feasible based on existing site conditions or existing site characteristics. If LID BMPs are not restricted by existing site conditions or existing site characteristics for site development as allowed based on current zoning, then a variance will not be permitted for more intensive land use if such land use would then preclude the use of LID BMPs.
1. Information is provided by the applicant as required so that the variance meets the requirements of the NPDES phase II permit appendix 1 sections 5 and 6;
2. The variance meets the requirements of sections 1-2.7 and 1-2.8 of volume 1 of the manual;
3. The variance is consistent with the stormwater comprehensive plan (if applicable);
4. There is sufficient conveyance, treatment and flow mitigation capacity of downstream facilities under design conditions for all contributing areas;
5. The variance will maintain the integrity of the receiving waters, downstream properties, and/or downstream critical areas;
6. The variance would reduce or eliminate the possibility of adverse effects of retention/detention;
7. The variance includes the use of regional retention/detention facilities that have been designed and constructed in accordance with the requirements of the NPDES phase II permit, appendix 1, sections 5, 6, and 7, and the stormwater comprehensive drainage plan (if applicable);
8. The applicant has demonstrated that stormwater drainage systems and stormwater facilities proposed will be able to be maintained; and
9. Structural integrity of abutting foundations and structures will be maintained.
E. Public Notice: Public notice shall be required of an application for a variance in the same manner as public notice is required for an application for the underlying permit or approval. If no public notice is required for the underlying permit, reasonable methods of public notice of the application for a variance shall be provided in conformance with Washington administrative code 197-11-510.
F. Appeals:
1. A decision pursuant to this article will not be considered a final and appealable decision until there is a final permit decision or approval; provided that, this subsection F does not apply to enforcement actions pursuant to this article or article B of this chapter. Stormwater management requirements established in final permit decisions or approvals, or recommendations in table 9-5A-16.1 of this section, may be appealed in accordance with section 15-4-1, table 15-4-1 of this code.
2. Appeals shall be in accordance with title 15, chapter 10 of this code.
4. Appeals of stormwater management requirements reflected in SEPA determinations shall be in accordance with section 15-14-7-5 of this code.
(Ord. 911, 8-31-2011; amd. Ord. 2019-1057, 1-8-2020)
A. General: Except with regard to illicit discharges and illicit connections or stormwater source control for land uses listed in Chapter 9-5A-9.J.1 Table 1, enforcement action shall be in accordance with this article and title 1, chapter 13 of this code whenever a person has violated any provision of this article, or any requirement imposed or order issued pursuant to this article. The choice of enforcement action and the severity of any penalty shall be determined by the director, in consultation with the city attorney when considering criminal penalties, based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action, and whether or not the violation was intentional. Violation of this article includes any act or omission causing, allowing, permitting, aiding, abetting, directing, controlling, suffering or concealing an act or omission in violation of this article. In addition to the listed enforcement options, the city may also pursue any other lawful civil, criminal or equitable remedy or relief. Enforcement options are cumulative and shall not be deemed exclusive. The definitions set forth in title 1, chapter 13 of this code shall apply throughout this section.
B. Unlawful Activities: Any structure, condition, act or omission which violates any provision of this article or any provision of a civil regulatory order shall be, and the same is declared to be, unlawful and is subject to the enforcement and penalty provisions of this section and section 9-5A-18 of this article and title 1, chapter 13 of this code.
C. Nuisance: Any act or omission declared to be unlawful pursuant to this article shall constitute a public nuisance, and may be abated using the procedures for abatement of public nuisances as set forth in this code or as otherwise allowed by law.
D. Criminal Violation: Any act or omission declared to be unlawful pursuant to this article shall constitute a misdemeanor and punishable by a fine of up to one thousand dollars ($1,000.00) or imprisonment up to ninety (90) days in jail, or by both such fine and imprisonment.
E. Violation: Any act or omission declared to be unlawful pursuant to this article shall constitute a violation and shall be subject to enforcement by the director pursuant to title 1, chapter 13 of this code.
F. Monetary Penalties: Any act or omission declared to be unlawful pursuant to this article is subject to administrative enforcement and monetary penalties pursuant to section 9-5A-18 of this article and title 1, chapter 13 of this code.
G. Civil Regulatory Order: The director shall have the authority to issue and serve a civil regulatory order pursuant to title 1, chapter 13 of this code that orders the cessation of any activity that is in violation of this article whether occurring on public or private property. The director shall have the authority to include in the civil regulatory order, or to issue and serve in a separate order, an order to take corrective action to bring any noncompliant activity, structure, or condition into compliance with this article. The director shall have the authority to serve a person a civil regulatory order if an action is being undertaken in violation of this article. If a portion of a project or activity is in violation of this article, the director may issue a civil regulatory order for the entire project or activity.
1. Posting And Notice: The director shall prominently post a civil regulatory order at the subject property, unless access to the property for such posting is denied or unsafe, and shall make reasonable attempts to serve the civil regulatory order pursuant to section 1-13-7 of this code.
2. Effect: When a civil regulatory order has been posted on the subject property or, otherwise served in accordance with the foregoing subsection G1 of this section, it is a violation of this article for any person with actual or constructive knowledge of the order to conduct the activity or do the work covered by the order until such time as the director has removed or authorized removal of the order. It is further a violation of this article for any person to fail to take corrective action as required by the director in the stop work/corrective action order to bring the unlawful activity into compliance with this article.
3. Effective Date: The civil regulatory order issued under this section shall become effective immediately upon the earlier of posting on the subject project or receipt by the person to whom the order is directed.
4. Extension: Upon written request received prior to the correction date or time set forth in the civil regulatory order, the director may extend the date set for correction for good cause. The director may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as good cause.
5. Removal Or Destruction: It is a violation of this article for any person other than the director, to remove, relocate, alter, conceal, damage, deface or destroy a civil regulatory order posted on the subject property pursuant to this subsection.
6. Compliance: Failure to comply with the terms of a civil regulatory order, including timely completion of requirements for taking corrective action, may result in enforcement actions including, but not limited to, the issuance of a notice of civil violation or civil infraction.
A. Monetary Penalties: Any person in violation of this article may, in addition to any other penalty imposed pursuant to this article, be subject to monetary penalties per day or portion thereof for each violation of this article. Monetary penalties imposed, or to be imposed shall be specified in the notice of violation.
B. Penalty: Except as may be otherwise set forth herein, the monetary penalty assessed shall not exceed one thousand dollars ($1,000.00) per day for each such day that a violation occurs or continues to occur. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed.
C. Collection Of Penalty: The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate accrual of additional per diem monetary penalties so long as the violation continues.
D. Failure To Pay Penalty: Failure to timely pay a monetary penalty imposed herein shall be and constitute a misdemeanor.
E. Correction Of Violation: Payment of a monetary penalty pursuant to this section does not relieve a person of the duty to cease the unlawful activity or correct the violation as ordered by the director.
F. Application For Remission Or Mitigation: Any person incurring a monetary penalty may apply for remission or mitigation of such penalty pursuant to section 1-13-6 of this code. Upon receipt of the application, the city may remit or mitigate the monetary penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original monetary penalty. The decision may be appealed to the superior court of Pierce County pursuant to the standards set forth in chapter 36.70C Revised Code Of Washington.
G. Penalties Due: Monetary penalties imposed under this section shall become due and payable pursuant to section 1-13-6 of this code. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty (30) days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a monetary penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the city is not paid within the time specified, the city may take actions necessary to recover such penalty.
ARTICLE B. STORMWATER FACILITIES MAINTENANCE
SECTION:
9-5B-1: Findings Of Fact
9-5B-2: Need
9-5B-3: Purpose
9-5B-4: Definitions
9-5B-5: Abrogation And Greater Restrictions
9-5B-6: Interpretation
9-5B-7: Applicability
9-5B-8: General Requirements
9-5B-9: Administration
9-5B-10: Inspection, Illicit Discharge, And Stormwater Source Control Program
9-5B-11: Enforcement
9-5B-12: Administrative Enforcement/Penalty
The city council hereby finds that:
A. Stormwater facilities are a common feature of urban development.
B. In order to function properly so that they will perform as designed to prevent or remove pollution and/or to reduce flooding, stormwater facilities must be regularly inspected and maintained.
C. If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater.
D. If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public.
E. Maintenance of natural conveyance systems is periodically required to allow the proper functioning of upstream stormwater drainage systems. (Ord. 911, 8-31-2011)
The provisions of this article are intended to:
A. Provide for inspection and maintenance of stormwater facilities and natural conveyance/drainage systems in the city to provide for an effective, functional stormwater drainage system.
B. Authorize the city to require that stormwater facilities be operated, maintained and repaired in conformance with this article.
C. Establish the minimum level of compliance which must be met.
D. Guide and advise all who conduct inspection and maintenance of stormwater facilities.
E. Detect and eliminate illicit discharges. (Ord. 911, 8-31-2011)
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