Item 1: PH on an Ordinance Concerning Stormwater Provisions

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ATTACHMENT A that protects life and property from flood and drainage hazards, protects water quality, and protects the waterways in the headwaters area from the erosive effects of runoff. (2) Applicability. Section 6.615 applies to all stormwater facilities designed and constructed in accordance with sections 9.6791 through EC 9.6797 of this code and the Stormwater Management Manual. (3) Maintenance responsibility. (a) Unless the city accepts the responsibility to operate and maintain a stormwater facility, all stormwater management facilities shall be privately operated and maintained. (b) All stormwater facilities shall be operated and maintained in accordance with the applicant’s Operations and Maintenance Plan submitted to the city with the application proposing the private operation and maintenance of the stormwater facility. (4) Reports. Periodic reports verifying that the stormwater facility is and has been operated and maintained as required in (3)(b) above, shall be prepared and submitted to the city within the time and manner required by administrative rules adopted by the city manager pursuant to section 2.019 of this code. (5) Enforcement. (a) Inspections. The city may make periodic inspections to ensure compliance with this code, the Stormwater Management Manual, and the Operations and Maintenance Plan. Authorized representatives of the city may enter private property at reasonable times to ensure such compliance and to conduct on-site inspections or routine maintenance of stormwater facilities. If the premises are occupied, the city representative shall first present proper credentials and request entry. If the premises are unoccupied, reasonable efforts shall first be made to locate the owner or person in charge of the premises and request entry. No person shall deny a request for, or interfere or prevent any inspection authorized by this section. Should entry be refused, the city shall have recourse to every remedy provided by law to secure entry, including the issuance of a search warrant. (b) Violations. Failure to operate and maintain a stormwater facility in accordance with section 6.615, the Stormwater Management Manual or the Operations and Maintenance Plan may result in: 1. The issuance of a stop work order or compliance order by the city; 2. The issuance of a citation into municipal court for violation of this code; Ordinance - 2