Loading...
A. Violation of any provision of this article may be enforced: 1) by issuance of a stop work order by the enforcement officer, 2) by suspension of building permit inspections until the deficient condition is remedied, or 3) by civil action, administrative or judicial, including, but not limited to, an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied.
B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as SWPPP control elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense.
C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or remedied at the violator's expense.
D. In addition to any fine or penalty set forth in a schedule of violations adopted by the city, as amended thereafter from time to time, the city may recover all attorney fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses.
E. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the enforcement officer to seek cumulative remedies if necessary. Enforcement pursuant to this section shall be undertaken by the enforcement officer upon the advice and consent of the city attorney. (Ord. 5218, 5-19-2014)
A. Administrative decisions by city staff and enforcement actions of the enforcement officer may be appealed by the applicant to the city council pursuant to the following rules:
1. The appeal must be filed in writing with the city clerk within twenty (20) business days of the decision or enforcement action.
2. The written appeal shall specify in detail the action appealed from, the errors allegedly made by the enforcement officer giving rise to the appeal, and the relief requested.
3. The enforcement officer shall specify in writing the reasons for the enforcement action, a written summary of all oral and written testimony the enforcement officer intends to introduce at the hearing, including the names and addresses of all witnesses the enforcement officer intends to call, and copies of all documents the enforcement officer intends to introduce at the hearing.
4. The city clerk shall notify the applicant and the enforcement officer by ordinary mail, and shall give public notice in accordance with Iowa Code chapter 21 of the date, time and place for the regular or special meeting of the city council at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four (4) nor more than twenty (20) days after the filing of the appeal, unless the applicant requests an extension of not more than fourteen (14) days. The intent of this subsection A4 is to promote the prompt and speedy resolution of disputes. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Iowa Code chapter 17A. The applicant may be represented by counsel at the applicant's expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense.
B. The decision of the city council shall be rendered in writing and may be appealed to the Iowa district court as provided by law. (Ord. 5218, 5-19-2014)
The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this article or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. (Ord. 5218, 5-19-2014)
ARTICLE C. POSTCONSTRUCTION STORMWATER MANAGEMENT
SECTION:
8-4C-1: Findings
8-4C-2: Definitions
8-4C-3: Applicability
8-4C-4: Submission And Approval Of The Postconstruction Stormwater Management Plan
8-4C-5: Inspection, Maintenance And Repair Of Stormwater Management Facilities
8-4C-6: City Of Waterloo Inspection Procedures
8-4C-7: Corrective Action
8-4C-8: Responsibility
8-4C-9: Enforcement
8-4C-10: Appeal
8-4C-11: Severability
A. The U.S. EPA's national pollutant discharge elimination system ("NPDES") permit program ("program") administered by the Iowa department of natural resources ("IDNR") requires that cities meeting certain demographic and environmental impact criteria obtain from the INDR an NPDES permit for the discharge of stormwater from a municipal separate storm sewer system (MS4) (the "MS4 permit"). The city is subject to the program and is required to obtain, and has obtained, an MS4 permit. The city's MS4 permit is on file at the office of the city clerk and is available for public inspection during regular office hours.
B. As a condition of the city's MS4 permit, the city is obliged to develop, implement and enforce a postconstruction stormwater management ordinance.
C. No state or federal funds have been made available to assist the city with inspections, monitoring activities and/or enforcing the program. Accordingly, the city shall fund its inspections, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties, which are made subject to the program by virtue of state and federal law, and/or other funding sources. Fees shall be determined from time to time by resolution of the city council. (Ord. 5030, 2-21-2011)
Terms and acronyms used in this article shall, unless defined in this article, have the meanings given to them in section 8-4-1 of this chapter.
APPLICANT: Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision required by this article to develop a postconstruction stormwater management plan in conjunction with the development or redevelopment of land within the city of Waterloo.
APPLICANT'S ENGINEER: A licensed professional civil engineer, registered architect or registered landscape architect employed by the applicant who has primary responsibility for the design of the PC plan for the applicant's site.
CITY STORMWATER MANAGEMENT REQUIREMENTS: Are set forth in subsection 8-4C-4C of this article and are based, in part, upon the "Iowa Stormwater Management Manual".
DRAINAGE EASEMENT: A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
IOWA STORMWATER MANAGEMENT MANUAL: The manual collaboratively developed by the Iowa department of natural resources (INDR) and the Center For Transportation Research And Education (CTRE) - now the Institute For Transportation (InTrans) - at Iowa State University that contains the sizing criteria, design and specification guidelines and BMPs that address stormwater quality and quantity management. This manual can be found on the web at the following address: http://www.intrans.iastate.edu/pubs/stormwater/index.cfm
POSTCONSTRUCTION STORMWATER MANAGEMENT PLAN (PC PLAN): The set of plans, specifications, calculations and supporting materials approved by the city that defines the system of BMPs that are to be constructed and maintained on the site to handle the quantity and increase the quality of stormwater runoff created by development.
PROPERTY OWNER: A person who, alone or with another person or other persons, holds the legal title to property; except, however, where property has been sold on contract to a person who has the present right to possess the property and the contract has been filed for record in the office of the county recorder, in which case the person so purchasing the property, whether alone or with another person or other persons, is the "property owner", and the person retaining bare legal title to the property as a security for the balance of the purchase price is not the "property owner".
REGIONAL STORMWATER MANAGEMENT FACILITY: Facilities designed to accept stormwater runoff from two (2) or more sites that are required to comply with all city, state or federal stormwater management requirements.
SINGLE-FAMILY DWELLING: A detached residence designed for or occupied by one family only.
STORMWATER MANAGEMENT: The use of BMPs that are designed in accordance with city stormwater requirements to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. (Ord. 5030, 2-21-2011)
A. This article shall apply to all development, redeveloped property or land disturbing activities within the city of Waterloo meeting the criteria stated below:
1. Land disturbing activity exceeding forty three thousand five hundred sixty (43,560) square feet or more in area on land previously vacant of buildings or largely free of previous land disturbing activity; or
2. Land disturbing activity creating five thousand (5,000) square feet or more in area of impervious surface; or
3. Land disturbing activity that is smaller than the minimum area criteria set forth in this subsection, if such activities are part of a larger common plan of development that may or may not take place at the same time; or
4. Construction of new parking and storage areas or the expansion, reconstruction or hard surfacing of existing parking lots or storage areas. The addition of granular material to the existing footprint of a granular surfaced parking lot or storage area shall not be considered reconstruction under this article.
B. Activities exempt from this article:
1. Development or redevelopment of property within the central business district, as defined in the current city of Waterloo zoning ordinance.
2. Any additions or modifications to existing single-family dwellings provided that said additions and/or modifications do not create a dwelling with impervious surfaces greater than five thousand (5,000) square feet.
3. Any logging activity consistent with an approved timber management plan.
4. Any agricultural activity consistent with an approved soil conservation plan.
C. No owner or developer of land subject to this article shall receive any building permits without first meeting the requirements of this article prior to commencing the proposed activity. (Ord. 5030, 2-21-2011)
Loading...