Chapter 13.75
EAGLE MOUNTAIN CITY STORM WATER ORDINANCE
Sections:
13.75.010 Findings on storm water runoff.
13.75.020 Purpose and objectives.
13.75.050 Storm water utility and fund.
13.75.060 Ownership of city storm water facilities and assets.
13.75.070 System of rates and charges.
13.75.080 Billing and collection.
13.75.100 Storm water permits.
13.75.110 Storm water system design and management standards.
13.75.140 Existing locations and developments.
13.75.010 Findings on storm water runoff.
The city council has determined that the city’s physical growth and urban development have and will continue to increase the amount of storm water runoff collected and disposed of using the city’s storm water drainage system and facilities. The city council finds that storm water runoff causes property damage and erosion; carries concentration of nutrients, chemicals, heavy metals, oil, and toxic materials into receiving waters and ground waters; degrades the integrity of city streets, curbs, gutters and other infrastructure conveying storm water; reduces the citizens’ access to emergency services and imposes hazards to both life and property. In addition, federal and state governments have established environmental protection regulations for water quality and requirements for the city’s discharge of its storm water into receiving waters. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1)].
13.75.020 Purpose and objectives.
It is the purpose of this chapter to:
A. Protect, maintain, and enhance the environment of Eagle Mountain City.
B. Establish responsibilities for controlling and managing storm water runoff.
C. Protect the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the city’s storm water system and to maintain and improve the quality of the receiving waters into which the storm water outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and ground water of the city.
D. Enable the city to comply with the National Pollution Discharge Elimination System permit (NPDES/UPDES) and applicable regulations, 40 CFR 122.26 for storm water discharges.
E. Allow the city to exercise the powers granted by Utah Code, which provides that, among other powers municipalities have with respect to storm water facilities, is the power by ordinance or resolution to:
1. Exercise general regulation over the planning, location, construction, and operation and maintenance of storm water facilities in the municipality, whether or not owned and operated by the municipality;
2. Adopt any rules and regulations deemed necessary to accomplish the purposes of this statute, including the adoption of a system of fees for services and permits;
3. Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality;
4. Review and approve plans and plats for storm water management in proposed subdivisions or commercial developments;
5. Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities;
6. Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;
7. Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
8. Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.030 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “As-built plans” means drawings depicting conditions as they were actually constructed.
B. “Best management practices” or “BMPs” are physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by Eagle Mountain City and that have been incorporated by reference into this chapter as if fully set out therein. For purposes of this title, the relevant BMPs are more particularly defined in the Eagle Mountain City storm water management program.
C. “Channel” means a natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
D. “City” means Eagle Mountain City, a municipal corporation of the state of Utah.
E. “City engineer” means the city engineer of Eagle Mountain City, or authorized designee.
F. “City storm water system” means storm systems that receive runoff from public right-of-way, natural waterways and systems identified in a city easement.
G. “Community water” means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Eagle Mountain City.
H. “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.
I. “Council” means the city council.
J. “Design storm event” means a hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a storm water facility.
K. “Discharge” means dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system.
L. “Easement” means an acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.
M. “Erosion” means the removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects.
N. “Erosion and sediment control plan” means a written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
O. “Equivalent residential unit (ERU)” means a configuration of development, or impervious surfaces on a parcel, contributing runoff to the city’s storm water system or which represents the estimated use of the system that is approximately equal to that contributed by a single-family residential parcel. A single-family residential parcel has been determined to contain an average of 2,500 square feet of impervious surface. One ERU is equal to 2,500 square feet of impervious surface area.
P. “General construction storm water permit” means a permit required by the Utah Department of Environmental Quality, Division of Water Quality.
Q. “Hot spot” or “priority area” means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.
R. “Illicit connections” means illegal and/or unauthorized connections to the municipal separate storm water system whether or not such connections result in discharges into that system.
S. “Illicit discharge” means any discharge to the municipal separate storm sewer system that is not composed entirely of storm water and not specifically exempted.
T. “Irrigation ditches” means gravity irrigation ditches used by irrigation shareowners having a right of water passageway by ROW, easement or prescription.
U. “Land disturbing activity” means any activity on property that results in a change in the existing soil cover (both vegetative and nonvegetative), change in the existing soil topography, or creation of on-site storm water management facility. Land disturbing activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, and excavation.
V. “Maintenance” means any activity that is necessary to keep a storm water facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a storm water facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the storm water facility.
W. “Maintenance agreement” means a Long-Term Storm Water Management Agreement (LTSWMA) recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of storm water facility and implementation of storm water management practices.
X. “Municipal separate storm sewer system (MS4)” or “municipal separate storm water system” means the conveyances owned or operated by the municipality for the collection and transportation of storm water, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains.
Y. “National Pollutant Discharge Elimination System permit” or “NPDES permit” means a permit issued pursuant to 33 U.S.C. 1342.
Z. “Notice of violation (N.O.V.)” means whenever the city engineer finds that a person is in noncompliance with this chapter, the engineer will order compliance by written notice of violation to the responsible person. Requirements in this notice are at the discretion of the engineer, and may include monitoring, payment to cover costs relating to the noncompliance, and the implementation of best management practices.
AA. “Off-site storm water management facility” means a structural BMP located outside the subject property boundary described in the permit application for land development activity.
BB. “On-site storm water management facility” means a structural BMP located within the subject property boundary described in the permit application for land development activity.
CC. “Peak flow” means the maximum instantaneous rate of flow of water at a particular point resulting from a storm event.
DD. “Person” means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.
EE. “Pre-existing conditions” means conditions of property in its native state or changed under approval by the city or changed property that is grandfathered.
FF. “Property owner” means land owner of property within the boundary of Eagle Mountain City.
GG. “Runoff” means that portion of the precipitation on a drainage area that is discharged from the area into the municipal separate storm water system, including runoff water produced by storms, surface drainage, snow and ice melt, and other water handled by the storm sewer drainage system.
HH. “Sediment” means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface either above or below sea level.
II. “Sedimentation” means soil particles suspended in storm water that can settle in stream beds and disrupt the natural flow of the stream.
JJ. “Soils report” means a study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees.
KK. “Stabilization” means providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.
LL. “Stormwater” or “storm water” means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.
MM. “Storm water design standards and regulations” means current Eagle Mountain City storm water standards and regulations as adopted by the city.
NN. “Storm water master plan” means the current Eagle Mountain City storm water master plan as adopted by the city.
OO. “Storm water management” means the programs to maintain quality and quantity of storm water runoff to predevelopment levels.
PP. “Storm water management facilities system” means the drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of.
QQ. “Storm water management plan” means the set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of storm water runoff to predevelopment levels.
RR. “Storm water runoff” means flow on the surface of the ground, resulting from precipitation.
SS. “Storm water permit” means Eagle Mountain City storm water permit as adopted by the city.
TT. “Storm water utility” means the storm water utility created by ordinance of the city to administer the storm water management ordinance, and other storm water rules and regulations adopted by the municipality.
UU. “Structural BMPs” means devices that are constructed to provide control of storm water runoff.
VV. “Surface water” includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.
WW. “Watercourse” means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.
XX. “Watershed” means all the land area that contributes runoff to a particular point along a waterway.
YY. “UPDES” means Utah Pollution Discharge Elimination System. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1). Formerly 13.75.030].
13.75.040 Administration.
City engineer shall administer the provisions of this chapter. Nothing in this chapter shall relieve any person from responsibility for damage to other persons or property, nor impose upon Eagle Mountain City, its officers, agents or employees any liability for damage to other persons or property. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.050 Storm water utility and fund.
There is created and established a storm water utility to be known as the utility or the storm water utility and a storm water fund in the city budget and accounting system. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1). Formerly 13.75.040].
13.75.060 Ownership of city storm water facilities and assets.
The city shall operate, maintain and improve all city-owned storm water facilities used for the conveyance of storm waters through, under or over lands, watercourses, beginning at a point where storm waters first enter the storm system of the city and ending in each instance at a point where the storm waters exit from the system. Governmentally owned streets and storm water facilities operated and maintained by, or for, the county or state shall not be deemed storm water facilities. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1). Formerly 13.75.050].
13.75.070 System of rates and charges.
A. There are hereby imposed storm water service fee rates and charges on each parcel of real property within the city, except governmentally owned streets and storm water facilities operated and maintained by, or for, the county. The charges shall fund the administration, planning, design, construction, water quality programming, operation, maintenance and repair of existing and future storm water facilities.
B. Unless otherwise set forth in the city’s consolidated fee schedule, the utility’s storm water service charges are as follows:
1. Single-family residential parcels shall constitute one ERU and are charged $3.00 per month.
2. Multifamily parcels including zero lot line subdivisions and condominium units shall constitute 0.75 ERUs per residence and are charged $2.25 per month.
3. Undeveloped Parcels. Undeveloped parcels shall have no charges assessed against such parcels.
4. Other Parcels. The charge for all other developed parcels shall be based upon the total square feet of parcel area surface multiplied by 0.75, which shall be rounded to the nearest whole number to calculate serviced acreage. One ERU is equal to 0.75 acres of serviced area. The actual total monthly service charge shall be determined by multiplying the total ERUs of serviced area for a parcel by the monthly rate of $3.00.
5. Credit for On-Parcel Mitigation. Nonresidential parcels having constructed on-parcel storm water detention or retention facilities are eligible for a pro rata service reduction to the owner of the parcel upon demonstrating that the amount of storm water actually released from the parcel to the city system is no greater than the amount released from a residential dwelling unit.
6. Nonservice Abatement. A parcel which is not directly served by the storm water utility shall be entitled to an abatement of the service charge for said parcel. In order to receive such abatement, the owner, or the owner’s agent, shall apply, in writing, to the public works director, or the director’s designee. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1)].
13.75.080 Billing and collection.
A. Billing. The city utilities department shall cause billings for storm water utility services to be rendered periodically to the person who is the owner of the parcel, or the owner’s agent, who has signed for water and/or sewer service to the parcel. The amounts to be billed shall be included on the existing utilities bill as a separate line item. A storm-water-only billing will be sent to those persons who are owners of parcels within the city but are not currently city utility customers.
B. Collection.
1. In the event partial payment is made on a combined bill, the payment shall be applied to each service on a pro rata basis.
2. In the event of delinquency, fees and charges levied in accordance herewith shall be a debt due the city. Delinquent payments shall be deemed delinquent and subject to recovery as provided in the city consolidated fee schedule and/or the city shall have the right to terminate water and services to the premises. Any uncollected amount due from the person or persons who own the parcel on any inactive, terminated or discontinued account may be transferred to any active account under the same person’s or persons’ name(s) and, upon failure to pay such bill after at least five days’ prior written notice, water and other city services to that account and parcel may be discontinued.
3. Restoration of Service. Water and sewer service shall not be restored until all charges have been paid in full.
4. Utility Enterprise Fund. All funds received from such storm water service charges shall be placed in the enterprise fund and left separate and apart from all other city funds. The collection, accounting and expenditure of all storm water utility funds shall be in accordance with existing fiscal policy of the city. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1)].
13.75.090 Appeal of charges.
A. Single-family and duplex parcels larger than 0.25 gross acres, but having less than 3,000 square feet of impervious surface, may request a reduction of service charges to the level of $3.00 per month.
B. Any owner or person who considers the city’s storm water charge applied to their parcel to be inaccurate, or who otherwise disagrees with the utility rate determination, may apply to the director for a service charge adjustment. Such a request shall be in writing and state the grounds for such an appeal.
C. Any appeal under this chapter shall be filed in writing no later than 20 days after said billing. Any subsequent appeal shall be brought within 20 days after the date of the appealed decision.
D. Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist at law. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A); Ord. O-14-2010 § 1 (Exh. 1)].
13.75.100 Storm water permits.
A. Unless waived by the city engineer because the city engineer determines there will be no impact to the city’s storm water system, every developer, property owner or business will be required to obtain a storm water permit from the city engineer in the following cases:
1. Land disturbing activity generally disturbs one or more acres of land;
2. Land disturbing activity of less than one acre of land if such activity is part of a larger common plan of development that affects one or more acres of land;
3. Land disturbing activity of less than one acre of land, if in the discretion of the city engineer such activity poses a unique threat to water, or public health or safety;
4. Land disturbing activity that requires or involves the creation and use of borrow pits;
5. Development of a single-family home;
6. Processing of earthen materials such as top soil and gravel screening;
7. Land disturbing activity that requires the creation of an on-site storm water management facility or off-site storm water management facility to control stormwater;
8. Construction of parking lots or other similar impervious surfaces that are greater than one-tenth acre.
B. The following regulations shall apply to drainage channels and waterways:
1. Property owners shall not alter or restrict natural channels and waterways without proper federal, state and city permits.
2. Property owners proposing to redirect runoff, surface and/or pipe flow to properties or facilities outside Eagle Mountain City boundaries must provide written approval from the state, county or municipality or their agents.
3. Property owners are responsible for the protection of canals per the relevant sections of this chapter.
4. Discharges or modifications to the canals require written approval from the canal owners and applicable governing agencies.
5. Building Permit. No building permit shall be issued until the applicant has obtained a storm water permit where the same is required by this chapter.
C. Exemptions. The following activities are exempt from the permit requirement:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
3. Any agricultural activity that is consistent with an approved farm conservation plan or a management plan prepared or approved by the appropriate city, federal, or state agency.
4. Additions or modifications to existing single-family structures.
D. Application for a Storm Water Permit.
1. Each application shall include the following:
a. Name of applicant;
b. Business or residence address of applicant;
c. Name, address and telephone number of the owner of the property of record in the office of the assessor of property;
d. Address and legal description of subject property including the tax reference number and parcel number of the subject property;
e. Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan; and
f. A statement indicating the nature, extent and purpose of the land disturbing activity including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity.
2. The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the city engineer from imposing additional development requirements and conditions, commensurate with this chapter, on the development of property covered by those permits.
3. Each application shall be accompanied by:
a. A sediment and erosion control plan.
b. A storm water management plan providing for storm water management during the land disturbing activity and after the activity has been completed.
4. Each application for a storm water permit shall be accompanied by payment of storm water permit and other storm water management fees, as adopted by resolution and found in the city fee schedule.
E. Review and Approval of Application.
1. The city engineer will review each application for a storm water permit to determine its conformance with the provisions of this chapter. Within 15 days after receiving an application, the city engineer shall provide one of the following responses in writing:
a. Approval of the permit application;
b. Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or
c. Denial of the permit application, indicating the reason(s) for the denial.
2. If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. No development plans will be released until the storm water permit has been approved.
F. Permit Duration. Every storm water permit shall expire and become null and void if substantial work authorized by such permit has not commenced within 180 calendar days of issuance, or is not complete within 18 months from the date of the commencement of construction.
G. Notice of Construction. The applicant must notify the city engineer 10 working days in advance of the commencement of construction. Regular inspections of the storm water management system construction shall be conducted by the city engineer. All inspections shall be documented and written reports prepared that contain the following information:
1. The date and location of the inspection;
2. Whether construction is in compliance with the approved storm water management plan;
3. Variations from the approved construction specifications; and
4. Any violations that exist.
H. Performance Bonds.
1. The city engineer may, at his discretion, require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the storm water practices are installed by the permit holder as required by the approved storm water management plan.
2. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement.
3. The performance security shall contain forfeiture provisions for failure to complete work specified in the storm water management plan.
4. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the city engineer.
5. Alternatively, the city engineer shall have the right to calculate the cost of construction cost estimates.
6. The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in the state of Utah that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter.
7. The city engineer will make a final inspection of the structural BMP to ensure that it is in compliance with the approved plan and the provisions of this chapter. Provisions for a partial pro rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.110 Storm water system design and management standards.
A. Irrigation Ditches.
1. All existing irrigation ditches located on the site or straddling a site property boundary shall be piped with a sufficient size pipe and shall be coordinated with water user.
2. Property owners are responsible for the protection of irrigation ditches per the relevant sections of this chapter.
3. Discharges to private ditches require written approval from the ditch owners and design shall comply with the terms of approvals and the storm water design standards and regulations and the storm water permit.
4. Piping of ditches and modification to the diversion boxes require documented coordination with ditch owners or representative but are not required to receive written approval of ditch owners. Design and coordination requirements shall comply with the storm water design standards and regulations and the storm water permit documents.
B. Storm Water Design and BMP Manuals.
1. Adoption. The municipality adopts as its storm water design and best management practices (BMP) manuals the following publications, which are incorporated by reference in this chapter as if fully set out herein:
a. Eagle Mountain City storm water design standards and regulations.
b. Eagle Mountain City storm water master plan.
c. Guidance document for storm water management (Salt Lake County Public Works Department).
i. These manuals include a list of acceptable BMPs and include specific design performance criteria and operation and maintenance requirements for each storm water practice. The manuals may be updated and expanded from time to time, at the discretion of the governing body of the city, upon the recommendation of the city engineer, based on improvements in engineering, science, monitory and local maintenance experience. Storm water facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.
2. General Performance Criteria for Storm Water Management. Unless granted a waiver or judged by the city engineer to be exempt, the following postconstruction performance criteria shall be addressed for storm water management at all sites:
a. Design of storm drain systems in Eagle Mountain City boundaries and discharges into an Eagle Mountain City storm drain system require direct supervision of a Utah registered professional engineer, and shall carry the seal of the same supervising professional engineer.
b. All site designs shall control the peak flow rates of storm water discharge associated with design storms specified in this chapter or in the BMP manual and reduce the generation of postconstruction storm water runoff to preconstruction levels. These practices should seek to utilize pervious areas for storm water treatment and to infiltrate storm water runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
c. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the BMP manual.
d. Storm water discharges to critical areas with sensitive resources (i.e., cold water fisheries, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain storm water management practices.
e. Storm water discharges from “hotspots” may require the application of specific structural BMPs and pollution prevention practices.
i. Prior to or during the site design process, applicants for storm water permits shall consult with the city engineer to determine if they are subject to additional storm water design requirements.
f. The calculations for determining peak flows as found in the BMP manual shall be used for sizing all storm water facilities.
g. BMPs should be selected based on their ability to adequately protect water quality and the BMP manual shall outline the removal performance expected from the selected BMP as well as the technical basis for supporting the pollutant removal performance.
C. Minimum Control Requirements.
1. Storm water discharge during all construction activities shall comply with the terms of the storm water permit, the storm water design standards and regulations, and/or requirements set forth by the building code, and the state of Utah UPDES requirements.
2. Storm water designs shall meet the multi-stage storm frequency storage requirements as identified in the BMP manual unless the city engineer has granted the applicant a full or partial waiver for a particular BMP.
3. Runoff rates from one lot to another may not exceed pre-existing conditions or in such a manner that may unreasonably and unnecessarily cause more harm than formerly.
4. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the city engineer may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.
D. Storm Water Management Plan Requirements. Property owners are responsible to manage storm water runoff and sediment, whether in conduit systems or on the surface, that traverses or originates on their property. In order to manage storm water, the property owner must develop and implement a storm water management plan. The storm water management plan shall include sufficient information to allow the city engineer to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. To accomplish this goal, the storm water management plan shall include the following:
1. Topographic Base Map. A one inch equals 500 feet topographic base map of the site which extends a minimum of 1,000 feet beyond the limits of the proposed development and indicates:
a. Existing surface water drainage including streams, ponds, culverts, ditches, sink holes, wetlands, and the type, size, elevation, etc., of nearest upstream and downstream drainage structures;
b. Current land use including all existing structures, locations of utilities, roads, and easements;
c. All other existing significant natural and artificial features.
2. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading.
3. Proposed structural BMPs.
4. A written description of the site plan and justification of proposed changes in natural conditions may also be required.
5. Calculations. Hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in the BMP manual. These calculations must show that the proposed storm water management measures are capable of controlling runoff from the site in compliance with this chapter and the guidelines of the BMP manual. Such calculations shall include:
a. A description of the design storm frequency, duration, and intensity where applicable;
b. Time of concentration;
c. Soil curve numbers or runoff coefficients including assumed soil moisture conditions;
d. Peak runoff rates and total runoff volumes for each watershed area;
e. Infiltration rates, where applicable;
f. Culvert, storm water sewer, ditch and/or other storm water conveyance capacities;
g. Flow velocities;
h. Data on the increase in rate and volume of runoff for the design storms referenced in the BMP manual; and
i. Documentation of sources for all computation methods and field test results.
6. Soils Information. If a storm water management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles and soil survey reports. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.
7. Maintenance and Repair Plan. The design and planning of all storm water management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. These plans will identify the parts or components of a storm water management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. A permanent elevation benchmark shall be identified in the plans to assist in the periodic inspection of the facility.
8. Landscaping Plan. The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. Where it is required by the BMP, this plan must be prepared by a registered landscape architect licensed in Utah.
9. Low Impact Design Considerations. The plan will be evaluated for the utilization of Low Impact Development (LID) approaches such as infiltration, evapotranspiration, or rainwater harvesting or reuse.
10. Any retention requirement infeasibilities that may occur are to be documented and a rationale shall be provided for alternative design criteria that uses LID practices to the maximum extent possible.
E. Maintenance Easements. The applicant must ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners of the property and must be properly recorded in the land record.
F. Maintenance Agreement. The owner of property served by an on-site storm water management facility must execute a maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners. The maintenance agreement shall:
1. Assign responsibility for the maintenance and repair of the storm water facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
2. Provide for an annual inspection for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner shall arrange for this inspection to be conducted by a qualified inspector, as defined by the Utah Division of Water Quality, who will submit a sealed report of the inspection to the city engineer. If available, a property owner may elect to have the city’s public works department perform the annual inspection. Each application for an inspection shall be accompanied by payment of the inspection and other storm water management fees, as adopted by resolution and found in the city fee schedule.
3. Grant permission to the city or the city’s consultants to enter the property at reasonable times and to inspect the storm water facility to ensure that it is being properly maintained.
4. Provide that the minimum maintenance and repair needs include, but are not limited to, the removal of silt, litter and other debris, the cutting of grass, grass cuttings and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other storm water facilities. It shall also provide that the property owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the BMP manual.
5. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the city engineer.
6. Provide that if the property is not maintained or repaired within the prescribed schedule, the city engineer shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the city engineer’s cost of performing the maintenance shall be a lien against the property.
G. Dedication. The municipality shall have the discretion to accept the dedication of any existing or future storm water management facility, provided such facility meets the requirements of this chapter, and includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance. Any storm water facility accepted by the municipality must also meet the municipality’s construction standards and any other standards and specifications that apply to the particular storm water facility in question.
H. Sediment and Erosion Control Plans. The applicant must prepare a sediment and erosion control plan for all construction activities. The sediment and erosion control plan shall accurately describe the potential for soil erosion and sedimentation problems resulting from land disturbing activity and shall explain and illustrate the measures that are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off-site damage. The plan shall be sealed by a registered professional engineer licensed in the state of Utah. The plan shall also conform to the requirements found in the BMP manual, and shall include at least the following:
1. Project Description. Briefly describe the intended project and proposed land disturbing activity including number of units and structures to be constructed and infrastructure required.
2. A topographic map with contour intervals of five feet or less showing present conditions and proposed contours resulting from land disturbing activity.
3. All existing drainage ways, including intermittent and wet weather. Include any designated floodways or flood plains.
4. A general description of existing land cover. Individual trees and shrubs do not need to be identified.
5. Stands of existing trees as they are to be preserved upon project completion, specifying their general location on the property. Differentiation shall be made between existing trees to be preserved, trees to be removed and proposed planted trees. Tree protection measures must be identified, and the diameter of the area involved must also be identified on the plan and shown to scale. Information shall be supplied concerning the proposed destruction of exceptional and historic trees in setbacks and buffer strips, where they exist. Complete landscape plans may be submitted separately. The plan must include the sequence of implementation for tree protection measures.
6. Approximate limits of proposed clearing, grading and filling.
7. Approximate flows of existing storm water leaving any portion of the site.
8. A general description of existing soil types and characteristics and any anticipated soil erosion and sedimentation problems resulting from existing characteristics.
9. Location, size and layout of proposed storm water and sedimentation control improvements.
10. Proposed drainage network.
11. Proposed drain tile or waterway sizes.
12. Approximate flows leaving site after construction and incorporating water runoff mitigation measures. The evaluation must include projected effects on property adjoining the site and on existing drainage facilities and systems. The plan must address the adequacy of outfalls from the development: when water is concentrated, what is the capacity of waterways, if any, accepting storm water off site; and what measures, including infiltration, sheeting into buffers, etc., are going to be used to prevent the scouring of waterways and drainage areas off site, etc.
13. The projected sequence of work represented by the grading, drainage and sedimentation and erosion control plans as related to other major items of construction, beginning with the initiation of excavation and including the construction of any sediment basins or retention facilities or any other structural BMPs.
14. Specific remediation measures to prevent erosion and sedimentation runoff. Plans shall include detailed drawings of all control measures used; stabilization measures including vegetation and nonvegetation measures, both temporary and permanent, will be detailed. Detailed construction notes and a maintenance schedule shall be included for all control measures in the plan.
15. Specific details for: the construction of rock pads, wash down pads, and settling basins for controlling erosion; road access points; eliminating or keeping soil, sediment, and debris on streets and public ways at a level acceptable to the city engineer. Soil, sediment, and debris brought onto streets and public ways must be removed by the end of the work day by machine, broom or shovel to the satisfaction of the city engineer. Failure to remove the sediment, soil or debris shall be deemed a violation of this chapter.
16. Proposed structures; location (to the extent possible) and identification of any proposed additional buildings, structures or development on the site.
17. A description of on-site measures to be taken to recharge surface water into the ground water system through infiltration. [Ord. O-44-2023 § 2 (Exh. A); Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.120 Final construction.
A. As-Built Plans. All applicants are required to submit actual as-built plans for any structures located on site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be sealed by a registered professional engineer licensed to practice in Utah. A final inspection by the city engineer is required before any performance security or performance bond will be released. The city engineer shall have the discretion to adopt provisions for a partial pro rata release of the performance security or performance bond on the completion of various stages of development. In addition, occupation permits shall not be granted until corrections to all BMPs have been made and accepted by the city engineer.
B. Landscaping and Stabilization Requirements. Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the city engineer. The following criteria shall apply to revegetation efforts:
1. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over 90 percent of the seeded area.
2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
3. Any area of revegetation must exhibit survival of a minimum of 75 percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75 percent survival for one year is achieved.
4. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved.
C. Inspection of Storm Water Management Facilities. Periodic inspections of facilities may be performed.
D. Records of Installation and Maintenance Activities. Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation of the storm water facility, and of all maintenance and repairs to the facility, and shall retain the records for at least three years. These records shall be made available to the city engineer during inspection of the facility and at other reasonable times upon request.
E. Failure to Meet or Maintain Design or Maintenance Standards. If a responsible party fails or refuses to meet the design or maintenance standards required for storm water facilities under this chapter, the city engineer, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the city engineer shall notify in writing the party responsible for maintenance of the storm water management facility. Upon receipt of that notice, the responsible person shall have 15 days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the city engineer may take necessary corrective action. The cost of any action by the city engineer under this section shall be charged to the responsible party. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.130 Postconstruction.
A. General. Every applicant shall provide for postconstruction storm water management as required by this chapter, unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the city engineer for approval.
B. Conditions for Waiver. The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant; provided, that at least one of the following conditions applies:
1. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.
2. Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the city engineer.
3. Provisions are made to manage storm water by an off-site facility. The off-site facility must be in place and designed to provide the level of storm water control that is equal to or greater than that which would be afforded by on-site practices. Further, the facility must be operated and maintained by an entity that is legally obligated to continue the operation and maintenance of the facility.
C. Downstream Damage, etc., Prohibited. In order to receive a waiver, the applicant must demonstrate to the satisfaction of the city engineer that the waiver will not lead to any of the following conditions downstream:
1. Deterioration of existing culverts, bridges, dams, and other structures;
2. Degradation of biological functions or habitat;
3. Accelerated streambank or streambed erosion or siltation;
4. Increased threat of flood damage to public health, life or property.
D. Storm Water Permit Not to Be Issued Where Waiver Requested. No storm water permit shall be issued where a waiver has been requested until the waiver is granted. If no waiver is granted, the plans must be resubmitted with a storm water management plan. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.140 Existing locations and developments.
A. Requirements for All Existing Locations and Developments. The following requirements shall apply to all locations and development at which land disturbing activities have occurred previous to the enactment of the ordinance codified in this chapter:
1. Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP manual and on a schedule acceptable to the city engineer.
2. Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.
3. Drainage ways shall be properly covered in vegetation or secured with rip-rap, channel lining, etc., to prevent erosion.
4. Trash, junk, rubbish, etc., shall be cleared from drainage ways.
5. Storm water runoff shall be controlled to the extent reasonable to prevent pollution of local waters. Such control measures may include, but are not limited to, the following:
a. Detention ponds;
b. Extended detention ponds;
c. Wet ponds;
d. Alternative storage measures;
e. Constructed wetlands;
f. Infiltration systems;
g. Filtering systems; and
h. Open channels.
B. Requirements for Existing Problem Locations. The city engineer shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problems affecting such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance.
C. Inspection of Existing Facilities. The city engineer may, to the extent authorized by state and federal law, establish inspection programs to verify that all storm water management facilities, including those built before as well as after the adoption of the ordinance codified in this chapter, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the municipality’s NPDES/UPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, ground water, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs.
D. Business License. Upon application for a business license, and upon annual business license renewal, the owners of property served by an on-site storm water management facility shall ensure the property is covered by a storm water management plan and a management agreement. Upon annual business license renewal, the on-site storm water management facility shall be inspected by a registered storm water inspector in the state of Utah for compliance with the LTSWP and LTSWMA who will submit a sealed report of the inspection to the city public works department. If available, a property owner may elect to have the city’s public works department perform the annual inspection. Each application for an inspection shall be accompanied by payment of the inspection and other storm water management fees, as adopted by resolution and found in the city fee schedule. Any maintenance needs identified in the inspection report must be addressed in a timely manner, on a schedule to be determined by the public works department. If the property is not maintained or repaired within the prescribed schedule, the public works department shall perform the maintenance and repair at its expense, and bill the same to the property owner. If not paid within 30 days, the cost of performing the maintenance may be filed as a lien against the property.
E. Corrections of Problems Subject to Appeal. Corrective measures imposed by the city engineer under this section are subject to appeal as set forth in this chapter. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.150 Illicit discharges.
A. Scope. This section shall apply to all water generated on developed or undeveloped land entering the municipality’s separate storm sewer system.
B. Prohibition of Illicit Discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of storm water. The commencement, conduct or continuance of any non-storm-water discharge to the municipal separate storm sewer system is prohibited except uncontaminated discharges from the following sources:
1. Water line flushing or other potable water sources;
2. Landscape irrigation or lawn watering with potable water;
3. Diverted stream flows;
4. Rising ground water;
5. Ground water infiltration to storm drains;
6. Uncontaminated pumped ground water;
7. Foundation or footing drains;
8. Crawl space pumps;
9. Air conditioning condensation;
10. Springs;
11. Natural riparian habitat or wetland flows;
12. Swimming pools (if dechlorinated, typically less than one PPM chlorine);
13. Firefighting activities;
14. Any other uncontaminated water source;
15. Discharges specified in writing by the city engineer as being necessary to protect public health and safety;
16. Individual residential car washing;
17. Dechlorinated water reservoir discharges;
18. Uncontaminated ground water infiltration;
19. Residual street wash water;
20. Irrigation water; and
21. Lawn watering runoff.
The prohibition shall not apply to any non-storm-water discharge permitted under a UPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the state of Utah Division of Water Quality; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system.
C. Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practice applicable or prevailing at the time of connection.
D. Reduction of Storm Water Pollutants by the Use of Best Management Practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person’s expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
E. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into storm water, or the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, the person shall notify the city engineer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city engineer within three business days of the telephone notice. If the discharge of prohibited materials 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 two years. [Ord. O-54-2023 § 2 (Exh. A); Ord. O-44-2023 § 2 (Exh. A); Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.160 Enforcement.
A. Enforcement Authority. The city engineer or his designees shall have the authority to issue notices of violation, stop work orders, and citations, and to impose the civil penalties provided in this section.
1. With the issuance of a city storm water permit, the city engineer shall be permitted to enter and inspect facilities subject to this chapter at all reasonable times and as often as necessary to determine compliance. Failure to comply with the terms of this chapter may result in punitive actions by Eagle Mountain City ordinance enforcement, by Utah County Health Department or by other means identified in permits or terms set forth in development applications.
2. Notification of Violation.
a. Written Notice. Whenever the city engineer finds that any permittee or any other person discharging storm water has violated or is violating this chapter or a permit or order issued hereunder, the director may serve upon such person written notice of the violation. Within 10 days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the director. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
b. Consent Orders. The director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders.
c. Show Cause Hearing. The director may order any person who violates this chapter, or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing.
d. Compliance Order. When the director finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures, or devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
e. Cease and Desist Orders. When the director finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
i. Comply forthwith; or
ii. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
f. Conflicting Standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual adopted by the municipality under this chapter, the strictest standard shall prevail.
g. Violations. Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the city engineer, shall be guilty of a Class C misdemeanor. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.170 Penalties.
A. Under the authority provided in Section 4-2-15, Utah Code Annotated 1953, the city declares that any person violating the provisions of this chapter may be assessed a fine by the city engineer of not less than $50.00 and not more than $5,000 per day for each day of violation. Each day of violation shall constitute a separate violation.
B. Measuring Civil Penalties. In assessing a civil penalty, the city engineer may consider:
1. The harm done to the public health or the environment;
2. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
3. The economic benefit gained by the violator;
4. The amount of effort put forth by the violator to remedy this violation;
5. Any unusual or extraordinary enforcement costs incurred by the municipality;
6. The amount of penalty established by ordinance or resolution for specific categories of violations; and
7. Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
C. Recovery of Damages and Costs. In addition to the civil penalty above, the municipality may recover: (1) all damages proximately caused by the violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation, or (2) the costs of the municipality’s maintenance of storm water facilities when the user of such facilities fails to maintain them as required by this chapter.
D. Other Remedies. The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
E. Remedies Cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].
13.75.180 Appeals.
A. Appeals. Pursuant to Section 10-9a-707, Utah Code Annotated 1953, any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the city council.
B. Appeals to Be in Writing. The appeal shall be in writing and filed with the city recorder or clerk within 15 days after the civil penalty and/or damage assessment is served in any manner authorized by law.
C. Public Hearing. Upon receipt of an appeal, the city council shall hold a public hearing within 30 days. Notice of the hearing shall be provided to the aggrieved party. The decision of the governing body of the municipality shall be final.
D. Appealing Decisions of the Municipality’s Governing Body. Any alleged violator may appeal a decision of the city council pursuant to the provisions of Section 10-9a-707, Utah Code Annotated 1953. [Ord. O-20-2022 § 2 (Exh. A); Ord. O-02-2014 (Exh. A)].