Item 2: Ordinance on Water Quality Overlay Zone

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(5) No use or activity under subsections (2) - (4) of this section shall commence until the proposed use or activity is approved by the city manager. (a) Except for decisions based on subsection (2), the city manager shall not issue a decision under this section without first providing public notice and an opportunity for public comment consistent with the requirements to be adopted by administrative rules under section 6.665(3). (b) The city manager shall deny approval unless the proposal demonstrates that any potential negative impacts to the waterway have been avoided and minimized to the maximum extent practicable. To the extent there are remaining impacts, they are to be mitigated in accordance with adopted city administrative rules which shall require rehabilitation of the degraded hydrological, ecological, and water quality treatment functions, or alternatively, payment to a mitigation fund at an amount determined by the city manager sufficient to secure rehabilitation of lost functions. As part of the administrative rules to be adopted under section 6.665(3), the city manager also shall provide guidance for making determinations on avoidance and minimization.] [6.665 Open Waterways - Enforcement . (1) Failure to comply with the provisions of sections 6.650 to 6.660 of this code or rules issued thereunder may result in: (a) The issuance of a stop work order or compliance order by the city; (b) The issuance of a citation into municipal court for violation of this code; (c) The imposition of an administrative civil penalty pursuant to the provisions of section 2.018 of this code; (d) An order to investigate all of the impacts caused by the violation; and/or (e) Abatement of the unlawful actions as a nuisance as provided in sections 6.005 to 6.115 of this code, including complete restoration of all impacts to open waterways resulting from the unlawful actions. (2) For purposes of subsections (1)(b) and (1)(c), each day that the unlawful condition exists shall constitute a separate violation. (3) The city manager shall adopt administrative rules to implement and assist with enforcement of the provisions of sections 6.650 to 6.670 of this code, including specifying public notice procedures for actions taken pursuant to section 6.660 of this code.] [6.670 Open Waterways - Appeals . (1) Any person aggrieved by a decision of the city manager under 6.660 or the rules issued hereunder, may appeal that decision to a hearings official in accordance with the provisions of section 2.021 of this code. If the hearings official concludes that the city manager made an Ordinance - 31