Item 1: PH on an Ordinance Concerning Stormwater Provisions

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ATTACHMENT A 3. The imposition of an administrative civil penalty pursuant to the provisions of section 2.018 of this code as authorized by section 6.995 of this code; 4. An order to investigate all of the impacts caused by the violation; and/or 5. Abatement of the unlawful actions as a nuisance as provided in sections 6.005 through 6.115 of this code, including, but not limited to, complete restoration of all impacts to open waterways resulting from the unlawful actions. (c) For purposes of subsections (5)(b)2 and (5)(b)3 of section 6.615, each date that the unlawful condition exists shall constitute a separate violation. (d) For purposes of enforcing an administrative civil penalty imposed under this section and, if applicable, entry of a lien pursuant to section 2.018(11), if the violation for which the penalty was imposed involves a stormwater facility located on a portion of a planned unit development, condominium or other development that is commonly owned or owned by a homeowners’ association, each parcel or unit in the development shall be liable for the administrative civil penalty, and the city may enter a lien for the full amount of the unpaid administrative civil penalty against each parcel or unit in the development. (e) Failure to file a periodic report required by subsection (4) of this section and administrative rules adopted pursuant to that section may result in imposition of an administrative civil penalty pursuant to the provisions of section 2.018 of this code. (f) Appeal. Any person to whom a stop work order or compliance order is issued may appeal the stop work order or compliance order within the time and in the manner prescribed in section 2.021 of this code. Notwithstanding any other provision of this code, a stop work order or compliance order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. (6) Rules and fees. The City manager may adopt rules and fees for implementation of section 6.615, using the procedures in sections 2.019 and 2.020 respectively of this code. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained Ordinance - 3