Chapter 22.01
Stormwater Management Regulations and Requirements1
Sections:
22.01.070 Regulated activities.
22.01.090 General requirements.
22.01.200 Minimum stormwater requirements for new development and redevelopment.
22.01.295 Financial liability.
22.01.300 Maintenance agreement.
22.01.310 Maintenance responsibility.
22.01.330 Review and approval.
22.01.370 Stop work/compliance order.
22.01.390 Exceptions--Variances.
22.01.010 Findings of fact.
The City of DuPont finds that:
(a) Stormwater pollution is a problem associated with land utilization, development, redevelopment and the common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, pet wastes and numerous others.
(b) Land utilization, development and redevelopment are also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance.
(c) Sedimentation and stormwater pollution cause diversity of species to decrease and allow more tolerant (and usually less desirable) species to remain.
(d) Development and redevelopment of land may have led to:
(1) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds, drainage, and storm and surface water runoff problems within the City; and
(2) Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways.
(e) Continuation of present stormwater management practices, to the extent that they exist, will lead to further water quality degradation, erosion, and property damage, and endanger the health and safety of the inhabitants of the City.
(f) In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for stormwater quality and quantity controls.
(g) Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs).
(h) Stormwater quality and quantity controls can be achieved when source control BMPs are implemented for pollutant generating sources associated with existing land uses and activities.
(i) BMPs can be expected to perform as intended only when properly designed, constructed and maintained. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.020 Need.
The City Council finds that this chapter is necessary in order to:
(a) Minimize or eliminate water quality degradation;
(b) Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies;
(c) Protect property owners adjacent to existing and developing lands from increased runoff rates which could cause erosion of abutting property;
(d) Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses;
(e) Preserve and enhance the aesthetic quality of the water;
(f) Promote sound development policies which respect and preserve City surface water, groundwater and sediment;
(g) Enhance the safety of City roads and rights-of-way;
(h) Decrease stormwater-related damage to public and private property from existing and future runoff;
(i) Protect the health, safety, and welfare of the inhabitants of the City;
(j) Promote low impact development strategies that reduce impervious surface and stormwater runoff. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.030 Purpose.
(a) The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the City or who own, operate or are otherwise responsible for an identified pollutant generating source associated with existing land use (existing development). The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped or use an existing development within the City.
(b) The provisions of this chapter are also intended to guide and advise all residential and commercial property owners within the City on regulations pertaining to the introduction of pollutants into the stormwater system in our efforts to protect water quality within the City.
(c) It is the purpose of this chapter to:
(1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;
(2) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;
(3) Maintain and protect groundwater resources;
(4) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;
(5) Decrease potential landslide, flood and erosion damage to public and private property;
(6) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrologic conditions;
(7) Maintain and protect the City stormwater management infrastructure and those downstream;
(8) Provide a means of regulating the contribution of pollutants to the municipal stormwater system from all nonstormwater discharges, illicit connections, or illegal dumping into the municipal stormwater system by any person or from any property within the City of DuPont;
(9) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety; and
(10) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural quality of lands, wetlands and water bodies.
(d) Liberal Construction. This chapter is exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it is enacted. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.040 Definitions.
For the purposes of this chapter, the definitions shall be as defined below and in the Manual referenced in DMC 22.01.090:
(a) “American Public Works Association” or “APWA” means the adopted edition of the Washington State chapter of the American Public Works Association.
(b) “Approval” means the proposed work or completed work conforms to this chapter in the opinion of the Director or his/her designee.
(c) “Best management practice” or “BMP” means best management practices defined as schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
(d) “Director” means the Director of the City of DuPont’s Department of Public Services.
(e) “Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour any matter or to cause or allow matter to flow, run or seep, from land to be thrown, drained, released, dumped, spilled, emptied, emitted, or poured onto the ground or into water.
(f) “National Pollution Discharge Elimination System” or “NPDES” means the national program for controlling pollutants from nonpoint and point source discharges directly into waters of the State and waters of the United States of America.
(g) “New development” means the construction of a new and previously nonexistent structure or other modifications of the natural landscape above and below ground or water and any intended or actual land uses on a particular site, including, but not limited to, publicly and privately owned institutional, commercial, and industrial sites, multifamily sites and home-based businesses.
(h) “Existing development” means an identified pollutant-generating source associated with a previously developed, existing land uses including, but not limited to, publicly and privately owned institutional, commercial, and industrial sites, multifamily sites and home-based businesses.
(i) “Redevelopment” means the reconstruction, reconfiguration or alteration of an existing structure or other modifications of the natural landscape above and below ground or water and any intended or actual land uses on the particular site, including, but not limited to, publicly and privately owned institutional, commercial, and industrial sites, multifamily sites and home-based businesses.
(j) “Source control” means practices to implement preventative measures to stop pollution before it enters the municipal separate storm sewer system and subsequent flows to receiving waters.
(k) “Stormwater” means water originating from rainfall or other precipitation.
(l) “Stormwater drainage system” means the system that collects, conveys, and stores surface and stormwater runoff. Stormwater drainage systems shall include, but are not limited to, pipelines, channels, ditches, infiltration facilities, and all other drainage structures and appurtenances. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.050 General provisions.
(a) It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(b) The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.060 Applicability.
(a) When any provision of any other chapter of the City Code conflicts with this chapter, that provision which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. Prior to fulfilling the requirements of this chapter, the City shall not grant any approval or permission to conduct a regulated activity including but not limited to the following: civil construction or building permit; grading and clearing permit; right-of-way permit; shoreline substantial development permit; subdivision; short subdivision.
(b) Regulated activities shall be conducted only after the City approves a Stormwater Site Plan. Guidance on preparing a Stormwater Site Plan is contained in the Manual referenced in DMC 22.01.090. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.070 Regulated activities.
The following activities are regulated by this chapter and must meet the requirements of this chapter unless exempted in the Manual as referenced in DMC 22.01.090:
(a) New Development. The minimum requirements discussed in this section are described in the Manual as referenced in DMC 22.01.090.
(b) Redevelopment. The minimum requirements discussed in this section are described in the Manual as referenced in DMC 22.01.090.
(c) Existing Development. The minimum requirements discussed in this section are described in the Manual as referenced in DMC 22.01.090. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.080 Exemptions.
Exemptions are described in the Manual as referenced in DMC 22.01.090. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.090 General requirements.
The following general requirements apply to all regulated activities:
(a) The 2019 State of Washington Department of Ecology’s Stormwater Management Manual for Western Washington, and all future editions and/or amended versions of the Washington Department of Ecology’s Stormwater Manual for Western Washington, is hereby adopted by reference, and is referred to as the “Manual” in this chapter. All regulated activities, public or private, must meet or exceed all maintenance requirements and standards set forth in the Manual as adopted by reference in this chapter.
(b) General. Appropriate BMPs, as set out in the Manual, shall be used to control pollution from stormwater. BMPs shall be used by regulated activities to comply with the standards in this chapter and the Manual. BMPs required to be implemented by this chapter are described in the Manual.
(c) Deviations. In order to achieve goals of low impervious surface development or other source reduction preventative actions or design, deviations from public works development standards may be considered and authorized in accordance with the procedures and requirements of such standards. Deviations that require approval under the Land Use Code, such as parking and landscaping standards, will require an administrative adjustment of standards in accordance with the procedures for the applicable standards.
(d) Illicit discharges to stormwater drainage systems are prohibited. No person shall throw, drain, or otherwise discharge into the MS4 any pollutants or water containing pollutants, other than stormwater.
(e) The following categories of nonstormwater discharges are prohibited unless the stated conditions are met:
(1) Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.
(2) Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts.
(3) Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.
(4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. Discharges from these sources shall be minimized through public education activities in accordance with the permit. At active construction sites, street sweeping must be performed prior to washing the street.
(5) Other nonstormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the City, which addresses control of construction site dewatering discharges.
(6) Solid or liquid wastes thrown, drained or otherwise discharged directly or indirectly into the municipal storm drain system and/or surface and groundwaters. Examples of prohibited contaminants include, but are not limited to, the following:
(A) Trash or debris;
(B) Construction materials;
(C) Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil;
(D) Antifreeze and other automotive products;
(E) Metals in either particulate or dissolved form;
(F) Flammable or explosive materials;
(G) Radioactive material;
(H) Batteries;
(I) Acids, alkalis, or bases;
(J) Paints, stains, resins, lacquers, or varnishes;
(K) Degreasers and/or solvents;
(L) Pesticides, herbicides, or fertilizers;
(M) Steam cleaning wastes;
(N) Soaps, detergents, or ammonia;
(O) Domestic animal wastes;
(P) Recreational vehicle waste;
(Q) Animal carcasses;
(R) Food wastes;
(S) Bark and other fibrous materials;
(T) Lawn clippings, leaves, or branches;
(U) Silt, sediment, concrete, cement, asphalt, or gravel;
(V) Dyes (discharged without prior notification and approval of the City);
(W) Chemicals not normally found in uncontaminated water;
(X) Any other process-associated discharge except as otherwise allowed in this section; and
(Y) Any hazardous material or waste not listed above.
(f) The following categories of nonstormwater discharges are exempt from the discharge prohibitions established by this section:
(1) Diverted stream flows;
(2) Rising groundwaters;
(3) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20));
(4) Uncontaminated pumped groundwater;
(5) Foundation drains;
(6) Air conditioning condensation;
(7) Irrigation water from agricultural sources that is commingled with urban stormwater;
(8) Springs;
(9) Uncontaminated water from crawl space pumps;
(10) Footing drains;
(11) Flows from riparian habitats and wetlands;
(12) Nonstormwater discharges covered by another NPDES permit or state waste discharge permit; and
(13) Discharges from emergency firefighting activities.
(g) Prohibition of Illicit Connections.
(1) The construction, use, maintenance, or continued existence of illicit connections to the storm drain 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 practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.100 Approval standards--New development.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.110 Approval standards--Redevelopment.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.200 Minimum stormwater requirements for new development and redevelopment.
All minimum requirements are as defined within the currently adopted Manual per DMC 22.01.090. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.210 Minimum Requirement No. 1--Preparation of Stormwater Site Plan.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.220 Minimum Requirement No. 2--Construction Stormwater Pollution Prevention Plan (SWPP or SWPPP).
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.230 Minimum Requirement No. 3--Source control of pollution.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.240 Minimum Requirement No. 4--Preservation of natural drainage systems and outfalls.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.250 Minimum Requirement No. 5--On-site stormwater management.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.260 Minimum Requirement No. 6--Runoff treatment.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.270 Minimum Requirement No. 7--Flow control.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.280 Minimum Requirement No. 8--Wetlands protection.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.290 Minimum Requirement No. 9--Operation and maintenance.
Repealed by Ord. 17-1017. (Ord. 10-894 § 1).
22.01.295 Financial liability.
Performance bonding or other appropriate financial instruments shall be required as determined necessary by the City to ensure compliance with these standards. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.300 Maintenance agreement.
(a) All owners of property served by a private stormwater drainage system shall be required to execute an inspection and maintenance agreement with the City which shall be binding on all subsequent owners of the property.
(b) Inspection and maintenance agreements shall provide for access to the system at reasonable times for regular inspection by the City or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established.
(c) The agreement shall be recorded by the property owner in the land records of Pierce County.
(d) The agreement shall also provide that if, after notice by the City to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the City may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties and there shall be a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the City. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.310 Maintenance responsibility.
(a) The owner of real property either property subject to a maintenance agreement and/or upon which any regulated activity is taking place shall meet or exceed all requirements and maintenance standards as established in the Manual, including, but not limited to, maintaining and promptly repairing all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, BMPs, and other protective devices. Such repairs or restorations and maintenance shall be in accordance with the Manual, the relevant maintenance agreement and approved plans.
(b) An operation and maintenance schedule shall be developed for any storm drainage system and shall state the required maintenance to be performed, the equipment and skill level necessary to perform the maintenance, and the required frequency of maintenance. The operation and maintenance schedule shall either be printed on the Stormwater Site Plan, SWPPP or submitted under separate cover.
(c) The maintenance and operation of a private stormwater drainage system shall be the responsibility of the property owner. Furthermore, the property owner shall, in accordance with the operation and maintenance schedule, record and log maintenance performed and date. Operation and maintenance records shall be retained by the property owner for a minimum of three years and shall be available to the City for inspection at all reasonable times.
(d) The City shall be responsible for the maintenance and operation of all public stormwater drainage systems located within public easements and rights-of-way following the completion of the successful maintenance period and the acceptance of such facilities by the City.
(e) Maintenance of stormwater facilities shall be performed to the maintenance standards specified in the Manual. Unless there are circumstances beyond the City’s control, when an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed:
(1) Within one year for typical maintenance of facilities, except catch basins.
(2) Within six months for catch basins.
(3) Within two years for maintenance that requires capital construction of less than $25,000.
Circumstances beyond the City’s control include, but are not limited to, denial or delay of access by property owners, denial or delay of necessary permit approvals, and unexpected reallocations of maintenance staff to perform emergency work. For each exceedance of the required time frame, the City shall document the circumstances and how it was beyond their control. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.320 Administration.
The Director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.330 Review and approval.
The Director may approve, conditionally approve or deny an application for activities regulated by this chapter. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.340 Inspection.
(a) Inspection. All activities regulated by this chapter, except those exempt in DMC 22.01.080, shall be subject to inspection by the Director or his/her designee or the City Stormwater Specialist. The Director or his/her designee or the City Stormwater Specialist is authorized to inspect regulated activities at any stage of development or operation requiring approval to determine that adequate control is being exercised. Stages of development and operation requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, and retaining walls; completion of development or construction; and current operation of regulated activities. When required by the Director or his/her designee or the City Stormwater Specialist, a special inspection and/or testing shall be performed. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.350 Fees.
The City’s fee for review of plans for storm drainage and erosion control facilities and on-site inspection of facilities during construction or for the purposes of investigating illicit discharges shall be based on actual costs incurred by the City plus administrative fees, where applicable. If such fees are not paid when due, the Director, or his/her designee, may revoke or refuse to grant the underlying permit or approval. If as a result of such action work is not completed, the Director, or his/her designee, may judge the incomplete work to constitute a drainage problem subject to sanctions described in DMC 22.01.360 through 22.01.380. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.360 Enforcement.
(a) Enforcement Authority. The Director and the City Stormwater Specialist shall have full power and authority of the Code Enforcement Officer to enforce this chapter pursuant to the provisions of this chapter and Chapter 1.17 DMC. If any provision of Chapter 1.17 DMC is in conflict with this chapter, this chapter will control.
(b) General. Enforcement action shall be in accordance with this chapter whenever a person or entity subject to the provisions of this chapter has violated any provision of this chapter, any relevant section of the DuPont Municipal Code and/or the Manual. The choice of enforcement action and the severity of any penalty shall generally be progressive in the order of enforcement actions set forth at subsection (c) of this section. The Director or the City Stormwater Specialist may, based on the nature of the violation, the damage or threat to the public or to public resources, and/or the degree of bad faith of the person or entity subject to the enforcement action, bypass the progressive order to impose the most appropriate enforcement action.
(c) Progressive Enforcement Actions.
(1) Technical Assistance/Education. Provide educational materials and technical assistance on specific BMPs or maintenance needed to help ensure compliance. Reinspection will occur to ensure required BMPs were correctly installed, and/or required maintenance has been completed.
(2) Corrective Action Letter. Provide a formal letter with specific actions necessary to gain compliance with this chapter, any relevant section of the DuPont Municipal Code and/or the Manual. Reinspection will occur to ensure required BMPs were correctly installed, and/or required maintenance has been completed.
(3) Notice of Violation With Deadline for Compliance. Provide formal, written notice that a person or entity engaging in regulated activity has failed to comply with a corrective action letter or any relevant portion of the DuPont Municipal Code and/or the Manual. The person or entity will have 30 days to comply with any required corrective actions as set forth in the notice. Failure to comply within the 30-day period will result in a finding of violation with penalty. Reinspection will occur to ensure BMPS were correctly installed and/or required maintenance has been completed.
(4) Notice of Violation With Penalty. Provide a formal notice of violation with assessed penalty for each violation. The penalties are based on each violation, with each penalty assessed on a per-day basis until the violations are corrected. The person or entity must provide documentation to the City Stormwater Specialist of corrected violations and a reinspection will occur to ensure that corrections have occurred. Once compliance is established, the person or entity will have 30 days to pay the violation and all reinspection costs.
(d) Penalties. The standard penalty shall be $1,000 per day for each violation; provided, that monetary penalties imposed pursuant to a notice of violation are subject to the remission and mitigation provisions of DMC 22.01.380(d). (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.370 Stop work/compliance order.
A stop work or compliance order issued by the Director or the City Stormwater Specialist pursuant to DMC 1.17.080 shall conform to the following provisions of this chapter:
The Director or the City Stormwater Specialist shall have the authority to issue and serve an owner, or person(s) representing an owner, with a stop work order if action is being undertaken in violation of this chapter and shall further have the authority to issue a compliance order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the Stormwater Management Manual and/or other City regulations. A stop work/compliance order may be issued at any stage of progressive enforcement per DMC 22.01.360. The order shall include:
(a) Content of Order. The order shall contain:
(1) A description of the specific nature, extent, and time of violation and the damage or potential damage; and
(2) A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil infraction citation or notice of violation under DMC 22.01.360 may be issued with the order.
(b) Notice. A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same.
(c) Effective Date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
(d) Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.380 Violation.
(a) A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval or order issued, who undertakes new development without first obtaining City approval, or who fails to comply with a stop work or compliance order issued under this chapter shall be subject to enforcement action pursuant to DMC 22.01.360.
(b) Separate Violations. Each day of continued violation or repeated violation shall constitute a separate violation.
(c) Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation of this chapter.
(d) Application for Remission or Mitigation. Any person incurring a monetary penalty pursuant to issuance of a notice of violation may apply in writing within 10 days of receipt of the notice of violation to the City for remission or mitigation of the monetary penalty set forth in the notice of violation. Upon receipt of the application, the City may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Filing an application for remission or mitigation shall not toll the time period set forth in Chapter 1.17 DMC to file an appeal of the notice of violation.
(e) Penalties Due. Penalties imposed under this chapter shall become due and payable 30 days after receiving the notice of civil infraction or notice of violation, unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the City is not paid within the time specified, the City may take actions necessary to recover such penalty.
(f) Penalties Recovered. Penalties recovered shall be paid to a specific budget line item account within the Utility Fund dedicated to enforcement and/or enhancement of the Stormwater Management Program. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
22.01.390 Exceptions--Variances.
(a) The City may grant an adjustment or exception (variance) to the minimum standards and requirements as set forth in the Manual referenced in DMC 22.01.090.
(b) Duration of Exception. As applicable, the City shall specify the duration of an exception at the time of approval.
(c) Right of Appeal. All determinations of the City shall be final and conclusive, unless within 30 days of the date of the City determination the original applicant or an adverse party gives written notice to the City Council for review of the action. (Ord. 10-894 § 1; Ord. 17-1017 § 2 (Exh. A); Ord. 22-1107 § 1 (Att.)).
Prior legislation: Ords. 514 and 09-885.