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Windsor Heights Overview
Windsor Heights, IA Code of Ordinances
WINDSOR HEIGHTS, IA CODE OF ORDINANCES
ORDINANCES PENDING CODIFICATION
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 HOTEL-MOTEL TAX
CHAPTER 10 DEFERRED COMPENSATION FOR CITY EMPLOYEES
CHAPTER 11 URBAN REVITALIZATION
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR/TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 PUBLIC WORKS DIRECTOR
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 30.11 UNBIASED POLICING POLICY
CHAPTER 31 ALARM SYSTEMS
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 37 FIRE CODE
CHAPTER 40 PUBLIC OFFENSES
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 DAMAGED OR INOPERABLE VEHICLES
CHAPTER 52 ABANDONED VEHICLES
CHAPTER 53 LITTER CONTROL
CHAPTER 54 NOISE POLLUTION
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS DOGS
CHAPTER 57 ILLEGAL OR DANGEROUS ANIMALS
CHAPTER 60 TRAFFIC AND VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 CROSS CONNECTION CONTROL
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER AND COMMERCIAL WASTEWATER
CHAPTER 101 STORM WATER DRAINAGE UTILITY
CHAPTER 102 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 105 SOLID WASTE CONTROL AND RECYCLING
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 SOLID WASTE DISPOSAL
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 FRANCHISE FEES
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 PAWNBROKERS
CHAPTER 125 ADULT ENTERTAINMENT FACILITIES
CHAPTER 126 PUBLIC DANCE HALLS
CHAPTER 135 EXCAVATIONS OF PUBLIC PROPERTY
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET AND SIDEWALK GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 DRIVEWAY REGULATIONS
CHAPTER 141 FIBER OPTIC CABLE LICENSE
CHAPTER 142 PARKLETS
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES AND VEGETATION
CHAPTER 152 TEMPORARY STRUCTURES
CHAPTER 153 TEMPORARY SIGNS
CHAPTER 155 BUILDING CODES
CHAPTER 156 PROPERTY MAINTENANCE AND RENTAL HOUSING CODE
CHAPTER 157 STANDARD CONSTRUCTION SPECIFICATIONS
CHAPTER 158 MECHANICAL CODE
CHAPTER 159 PLUMBING CODE
CHAPTER 160 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 161 POST-CONSTRUCTION STORM WATER CONTROL
CHAPTER 162 FUEL GAS CODE
CHAPTER 163 DEMOLITION & RAZE PERMIT
CHAPTER 165 ZONING CODE - GENERAL PROVISIONS
CHAPTER 166 ZONING CODE - DEFINITIONS
CHAPTER 167 ZONING CODE - USE TYPES
CHAPTER 168 ZONING CODE - ZONING DISTRICT REGULATIONS
CHAPTER 169 ZONING CODE - OVERLAY DISTRICTS
CHAPTER 170 ZONING CODE - DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 171 TEMPORARY USES AND STRUCTURES
CHAPTER 172 ZONING CODE - SUPPLEMENTAL SITE DEVELOPMENT REGULATIONS
CHAPTER 173 ZONING CODE - LANDSCAPING AND SCREENING STANDARDS
CHAPTER 174 ZONING CODE - OFF-STREET PARKING
CHAPTER 175 ZONING CODE - SIGN REGULATIONS
CHAPTER 176 ZONING CODE - NONCONFORMING DEVELOPMENT
CHAPTER 177 ZONING CODE - ADMINISTRATION AND PROCEDURES
CHAPTER 178 COMPREHENSIVE PLAN
CHAPTER 179 BOARD OF ADJUSTMENT
CHAPTER 180 CONDITIONAL USE PERMITS
CHAPTER 181 ADMINISTRATION AND ENFORCEMENT
CHAPTER 183 MOBILE FOOD UNITS
CHAPTER 185 FLOODPLAIN MANAGEMENT
102.05 ILLICIT DISCHARGE DETECTION AND REPORTING; COST RECOVERY.
   1.   All detection activities permitted under this chapter shall be conducted by the City Public Works Director, City Engineer, Building Inspector, a subcontractor credentialed in a manner satisfactory to the City, or other appropriate designee, hereinbefore and after referred to as the “enforcement officer.”
   2.   The City shall not be responsible for the direct or indirect consequences to persons or property of an illicit discharge, or circumstances which may cause an illicit discharge, undetected by the City.
   3.   Every responsible party has an absolute duty to monitor conditions on property owned or controlled by them, to prevent all illicit discharges, and to report to the enforcement officer illicit discharges which the responsible party knows or should have known to have occurred. Failure to comply with any provision of this chapter is a violation of this chapter.
      A.   Notwithstanding other requirements of law, as soon as any responsible party has information of any known or suspected illicit discharge, the responsible party shall immediately take all necessary steps to ensure the discovery, containment, and cleanup of such discharge at the responsible party’s sole cost.
      B.   If the illicit discharge consists of hazardous materials, the responsible party shall also immediately notify emergency response agencies of the occurrence via emergency dispatch services.
      C.   If the illicit discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
      D.   A report of an illicit discharge shall be made in person or by phone or facsimile or email to the enforcement officer immediately, but in any event within twenty-four (24) hours after the illicit discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed or emailed to the enforcement officer within twenty-four (24) hours after the personal or phone notice.
   4.   Any person or entity shall also report to the City any illicit discharge or circumstances which such person or entity reasonably believes pose a risk of an illicit discharge.
   5.   Upon receiving a report pursuant to the previous subsections, or otherwise coming into possession of information indicating an actual or imminent illicit discharge, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter shall provide to the responsible party, and any third party reporter, a written report of the conditions which may cause or which have already caused an illicit discharge. The responsible party shall immediately commence corrective action or remediation and shall complete such corrective action or remediation within twenty-four (24) hours.
   6.   The enforcement officer shall be permitted to enter and inspect property subject to regulation under this section as often as is necessary to determine compliance with this section. If a responsible party has security measures that require identification and clearance before entry to its property or premises, the responsible party shall make the necessary arrangements to allow access by the enforcement officer. By way of specification but not limitation:
      A.   A responsible party shall allow the enforcement officer ready access to all parts of the property for purposes of inspection, sampling, examination and copying of records related to a suspected, actual, or imminent illicit discharge, and for the performance of any additional duties as defined by State and federal law.
      B.   The enforcement officer shall have the right to set up on any property such devices as are necessary in the opinion of the enforcement officer to conduct monitoring and/or sampling related to a suspected, actual or imminent illicit discharge.
      C.   The enforcement officer shall have the right to require any responsible party at responsible party’s sole expense to install monitoring equipment and deliver monitoring data or reports to the enforcement officer as the enforcement officer directs. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the responsible party at responsible party’s sole expense. All devices shall be calibrated to ensure their accuracy.
      D.   Any temporary or permanent obstruction to safe and easy access to property to be inspected and/or sampled shall be promptly removed by the responsible party at the written or oral order of the enforcement officer and shall not be replaced. The costs of clearing such access shall be borne by the responsible party.
      E.   An unreasonable delay in allowing the enforcement officer access to a property is a violation of this chapter.
      F.   If the enforcement officer has been refused access to any part of the property from an illicit connection and/or illicit discharge to a municipal storm sewer is occurring, suspected or imminent, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the enforcement officer may seek issuance of a search warrant from any court of competent jurisdiction.
   7.   If it is determined that an illicit discharge is imminent or has occurred, the actual administrative costs incurred by the City in the enforcement of this chapter shall be recovered from the responsible party. The enforcement officer shall submit an invoice to the responsible party reflecting the actual costs and wages and expenses incurred by the City for the enforcement activities undertaken. Failure to pay charges invoiced under this chapter within thirty (30) days of billing shall constitute a violation of this chapter.