HomeMy WebLinkAboutOrdinance No. 20373
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COUNCIL ORDINANCE NUMBER 20373
COUNCIL BILL NUMBER 4934
AN ORDINANCE CONCERNING STORMWATER
PROVISIONS; AMENDING SECTION 6.010 OF THE
EUGENE CODE, 1971; AMENDING THE TITLE OF
"STORMWATER SERVICE" IN CHAPTER 6 OF
THAT CODE; AND ADDING SECTION 6.615 TO
THAT CODE.
ADOPTED: November 20, 2006
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Papa
EFFECTIVE: December 22, 2006
ORDINANCE NO. 20373
AN ORDINANCE CONCERNING STORMWATER PROVISIONS;
AMENDING SECTION 6.010 OF THE EUGENE CODE, 1971;
AMENDING THE TITLE OF "STORMWATER SERVICE" IN CHAPTER 6
OF THAT CODE; AND ADDING SECTION 6.615 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 6.010 of the Eugene Code, 1971, is amended by relettering
the current subsection (0) to (p), and adding a new subsection (0) to provide:
6.010 Nuisances Affectina the Public. The following are nuisances which may
be abated as provided in this code:
(0) Failure to maintain stormwater facilities. A violation of sections 6.600
through 6.615 of this code, the Stormwater Management Manual
adopted by administrative order of the city manager as authorized by
section 9.6790 of this code, or an operations and maintenance
agreement.
(p) Others. Any other thing, substance, condition, or activity prohibited by
state law, common law, this code, other ordinances, or which is
determined by the council to be injurious or detrimental to the public
health, safety, or welfare of the city.
Section 2. The title of "Stormwater Service" which appears immediately
before Section 6.600 of the Eugene Code, 1971, is amended as follows:
Stormwater Service and Facility Maintenance
Section 3. Section 6.615 is added to the Eugene Code, 1971, to provide:
6.615 Stormwater Facilitv Operation and Maintenance.
(1) Purpose. The purpose of section 6.615 is to ensure that stormwater
management facilities designed and constructed in accordance with
sections 9.6790 through 9.6797 of this code and the Stormwater
Management Manual adopted by administrative order of the city
manager are operated and maintained in a manner that protects life
and property from flood and drainage hazards, protects water quality, .
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and protects the waterways in the headwaters area from the erosive
effects of runoff.
(2) Applicabilitv. 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 responsibilitv.
(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;
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
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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
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended, or repealed herein.
Passed by the City Council this
20th day of November, 2006
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Approved by the Mayor this
1.. Z- day of November, 2006
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ayor
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