Chapter 13.20
STORMWATER RUNOFF AND SURFACE WATER AND EROSION CONTROL
Sections:
13.20.030 Drainage review – When required.
13.20.040 Drainage review – Requirements.
13.20.050 Critical drainage and/or erosion areas.
13.20.060 Engineering plans for the purposes of drainage review.
13.20.070 Construction timing and final approval.
13.20.080 Vesting period for lots in final short plats.
13.20.090 Liability insurance required.
13.20.100 Financial guarantees authorized.
13.20.110 Drainage facilities accepted by Maple Valley for maintenance.
13.20.120 Drainage facilities not accepted by Maple Valley for maintenance.
13.20.130 Source control best management practices.
13.20.160 Natural hazards – Authority of Director – Notice.
13.20.200 Implementation, review and revision.
13.20.010 Scope of chapter.
Compliance with the standards in this chapter and the Surface Water Design Manual does not necessarily mitigate all probable and significant environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems are affected by a complex set of factors. While employing a specific flow control standard may prevent stream channel erosion or instability, other factors affecting fish and other biotic resources (such as increases in stream flow velocities) are not directly addressed by the Surface Water Design Manual. Thus, compliance with this manual should not be construed as mitigating all probable and significant stormwater impacts, and additional mitigation may be required to protect aquatic biota in streams and wetlands. (Ord. O-20-687 § 1 (Exh. A)).
13.20.020 Findings.
The council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of stormwater runoff and surface water and erosion control, especially that which preserves and utilizes the many values of the City’s natural drainage system including open space, fish and wildlife habitat, recreation, education and urban separation. The council also finds that Maple Valley shall conduct programs to reduce flooding, erosion and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation through the implementation of comprehensive and thorough permit review, construction inspection, enforcement and maintenance, in order to promote the effectiveness of the requirements contained in this chapter. (Ord. O-20-687 § 1 (Exh. A)).
13.20.030 Drainage review – When required.
A. Drainage review is required when any proposed project is subject to a City of Maple Valley development permit or approval and:
1. Would result in 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or
2. Would involve 7,000 square feet or more of land disturbing activity; or
3. Would construct or modify a drainage pipe or ditch that is 12 inches or more in size or depth or receives surface and stormwater runoff from a drainage pipe or ditch that is 12 inches or more in size or depth; or
4. Contains or is adjacent to a flood hazard area as defined in MVMC Title 18; or
5. When located within a critical drainage area; or
6. Is a redevelopment project proposing $100,000 or more of improvements to an existing high-use site.
B. The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of development and potential for stormwater impacts to surface water and groundwater to facilitate the preparation and review of project applications. If drainage review for a proposed project is required under subsection (A) of this section, the City shall determine which of the following drainage reviews apply as specified in the Surface Water Design Manual:
1. Simplified drainage review;
2. Targeted drainage review;
3. Directed drainage review;
4. Full drainage review; or
5. Large project drainage review. (Ord. O-20-687 § 1 (Exh. A)).
13.20.040 Drainage review – Requirements.
A. A proposed project required to have drainage review by MVMC 13.20.030 must meet each of the following core requirements, which are described in detail in the Surface Water Design Manual. Projects subject only to simplified drainage review that meet the simplified drainage requirements and BMPs specified in the Surface Water Design Manual, including flow control BMPs, construction stormwater pollution prevention BMPs and drainage plan submittal requirements are deemed to comply with the following core requirements:
1. Core Requirement 1: Discharge at the Natural Location. All stormwater runoff and surface water from a project shall be discharged at the natural location so as not to be diverted onto, or away from, downstream properties. The manner in which stormwater runoff and surface water are discharged from the project site shall not create a significant adverse impact or significantly aggravate an existing adverse impact to downhill properties or drainage facilities as specified in the discharge requirements of the Surface Water Design Manual;
2. Core Requirement 2: Off-Site Analysis. The initial application submittal for proposed projects shall include an off-site analysis report that assesses potential off-site drainage and water quality impacts associated with development of the proposed site and proposes appropriate mitigations to those impacts. This initial submittal shall include, at minimum, a Level One downstream analysis as described in the Surface Water Design Manual. If impacts are identified, the proposed projects shall meet any applicable problem-specific requirements as specified in the Surface Water Design Manual;
3. Core Requirement 3: Flow Control Facilities. Proposed projects that would result in 5,000 square feet or more of new plus replaced impervious surface or three-quarters of an acre or more of new pervious surface shall provide flow control facilities to control stormwater runoff generated by new impervious surface, new pervious surface, replaced impervious surface and any existing impervious surface added on or after January 8, 2001, as specified in the Surface Water Design Manual. Flow control facilities shall meet the area-specific flow control facility requirements and the flow control facility implementation requirements applicable to the project site as specified in the Surface Water Design Manual. Projects subject to area-specific flow control facility requirements shall meet one of the flow control facility performance criteria listed in subsections (A)(3)(a) through (c) of this section, as directed by the Surface Water Design Manual:
a. Level One shall match the predeveloped site’s peak discharge rates for the two-year and 10-year return periods;
b. Level Two shall meet Level One criteria and also match the predeveloped site’s discharge durations for the predeveloped peak discharge rates between the 50 percent of the two-year peak flow through the 50-year peak flow; or
c. Level Three shall meet Level Two criteria and also match the predeveloped site’s peak discharge rate for the 100-year return period;
4. Core Requirement 4: Conveyance System. All engineered conveyance system elements for proposed projects shall be analyzed, designed and constructed to provide the minimum level of protection against overtopping, flooding, erosion and structural failure as specified by the conveyance requirements for new and existing systems and conveyance implementation requirements described in the Surface Water Design Manual;
5. Core Requirement 5: Construction Stormwater Pollution Prevention. All proposed projects that will conduct construction activities on site or off site or will clear, grade or otherwise disturb the site shall provide stormwater pollution prevention controls, spill controls, and erosion and sediment controls to prevent, reduce or eliminate the discharge of pollutants including sediment to on-site or adjacent drainage facilities, adjacent properties and surface water or groundwater. Erosion and sediment controls shall be applied in accordance with Chapter 18.60 MVMC and as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual;
6. Core Requirement 6: Maintenance and Operation. Maintenance of all drainage facilities in compliance with Maple Valley maintenance standards is the responsibility of the applicant or property owner as described in the Surface Water Design Manual, except those facilities for which Maple Valley assumes maintenance and operation as described in MVMC 13.20.110 and the Surface Water Design Manual;
7. Core Requirement 7: Financial Guarantees and Liability. All drainage facilities constructed or modified for projects, except downspout infiltration and dispersion systems for single-family residential lots, must comply with the liability requirements of MVMC 13.20.090 and the financial guarantee requirements of section MVMC 18.60.150;
8. Core Requirement 8: Water Quality Facilities. Proposed projects that would result in 5,000 square feet or more of new plus replaced pollution generating impervious surface or three-quarters of an acre or more of new pollution-generating pervious surface, or that are redevelopment projects that would result in a total of 5,000 square feet or more of new and replaced pollution-generating impervious surface, shall provide water quality facilities to treat polluted stormwater runoff generated by new or replaced pollution-generating impervious surface, new pollution-generating pervious surface and any existing pollution-generating impervious surface added on or after January 8, 2001, as specified in the Surface Water Design Manual. However, pervious surfaces are specifically excluded if there is a good faith agreement with the King Conservation District to implement a farm management plan for agricultural uses, and pervious areas for other uses are specifically excluded if Maple Valley Community Development Department approves a landscape management plan that controls solids, pesticides, fertilizers and other erodible or leachable materials leaving the site. Water quality facilities shall meet the area-specific water quality facility requirements and the water quality implementation requirements applicable to the project site as specified in the Surface Water Design Manual. The facilities specified by these requirements are designed to reduce pollutant loads according to the applicable annual average performance goals listed in subsections (A)(8)(a) through (d) of this section for 95 percent of the annual average runoff volume:
a. For basic water quality: remove 80 percent of the total suspended solids;
b. For enhanced basic water quality: remove 60 percent of dissolved zinc and 30 percent of dissolved copper;
c. For sensitive lake protection: remove 50 percent of the total phosphorus; and
d. For sphagnum bog protection: remove 50 percent of the total phosphorus and 40 percent of the total nitrate plus nitrite. The discharge shall maintain a pH of less than 6.5 and an alkalinity of less than 10 milligrams per liter.
9. Core Requirement 9: Flow Control BMPs. Proposed projects that would result in 2,000 square feet or more of new plus replaced impervious surface or 7,000 square feet or more of land disturbing activity shall provide flow control BMPs that use processes such as infiltration, dispersion, storage, evaporation, transpiration, forest retention and reduced impervious surface footprint to mimic pre-developed hydrology and minimize stormwater runoff generated by new impervious surface, new pervious surface, replaced impervious surface and any existing impervious surface added on or after January 8, 2001, as specified in the Surface Water Design Manual. Flow control BMPs shall be applied to manage stormwater runoff from the aforementioned surfaces to the maximum extent feasible using lists of flow control BMPs specific to the project location, size and impervious coverage; or as required to demonstrate that developed discharge durations from the surfaces match pre-developed durations for those surfaces for the range of predeveloped discharge rates from eight percent of the two-year peak flow to 50 percent of the two-year peak flow as specified in the Surface Water Design Manual.
B. A proposed project required by MVMC 13.20.030 to have drainage review shall meet any of the following special requirements that apply to the site and that are described in detail in the Surface Water Design Manual. The department performing drainage review as specified in MVMC 13.20.060 shall verify if a proposed project is subject to and must meet any of the following special requirements.
1. Special Requirement 1: Other Adopted Area-Specific Requirements. If a proposed project is in a designated critical drainage area, or is in an area included in an adopted master drainage plan, basin plan, salmon conservation plan, stormwater compliance plan, flood hazard management plan, lake management plan or shared facility plan, then the proposed project shall meet the applicable drainage requirements of the critical drainage area, master drainage plan, basin plan, salmon conservation plan, stormwater compliance plan, flood hazard management plan, lake management plan or shared facility plan;
2. Special Requirement 2: Floodplain/Floodway Delineation. If a proposed project contains or is adjacent to a stream, lake, wetland or closed depression, or if other Maple Valley regulations require study of flood hazards relating to the proposed project, the 100-year floodplain boundaries and floodway shall be determined and delineated on the site improvement plans and profiles and any final maps prepared for the proposed project. The flood hazard study shall be prepared as specified in the Surface Water Design Manual;
3. Special Requirement 3: Flood Protection Facilities. If a proposed project contains or is adjacent to a stream that has an existing flood protection facility, such as a levee, revetment or berm, or proposes to either construct a new or modify an existing flood protection facility, then the flood protection facilities shall be analyzed and designed as specified in the Surface Water Design Manual;
4. Special Requirement 4: Source Control. If a proposed project requires a commercial building or commercial site development permit, then water quality source controls shall be applied to prevent rainfall and runoff from coming into contact with pollutants to the maximum extent practicable. Water quality source controls shall be applied in accordance with Chapter 13.40 MVMC, the King County Stormwater Pollution Prevention Manual and the Surface Water Design Manual. All structural source controls shall be identified on the site improvement plans and profiles or final maps prepared for the proposed project; and
5. Special Requirement 5: Oil Control. If a proposed project is any of the following, then oil control shall be applied to all runoff from the high-use portion of a site as specified in the Surface Water Design Manual:
a. A project that creates a high-use site;
b. A redevelopment project proposing $100,000 or more of improvements to an existing high-use site; or
c. A redevelopment project that results in new plus replaced pollution-generating impervious surface of 5,000 square feet or more or new pollution-generating pervious surface of three-quarters of an acre or more.
C. 1. An adjustment to the requirements contained in this section or other requirements in the Surface Water Design Manual may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this chapter and the adjustment shall:
a. Produce a compensating or comparable result in the public interest; and
b. Meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.
2. If complying with subsection (C)(1)(a) of this section will deny all reasonable use of a property, the best practicable alternative shall be obtained as determined by the Community Development Director or designee according to the adjustment process defined in the Surface Water Design Manual.
3. Requests for adjustments that may conflict with the requirements of any other Maple Valley department shall require review and concurrence with that department. The Director shall coordinate to resolve conflicts between adjustments to the Surface Water Design Manual and requirements of others departments.
4. A request for an adjustment is a Type 1 land use decision as provided for in Chapter 18.100 MVMC and shall be processed in accordance with the procedures specified in the Surface Water Design Manual.
5. The City may require monitoring of experimental designs and technology or untested applications proposed by the applicant in order to determine compliance with subsection (C)(1) of this section and the approved plans and conditions.
6. The applicant may appeal an adjustment decision by following the appeal procedures as specified in the Surface Water Design Manual.
7. The drainage review requirements in this section and in the Surface Water Design Manual may be modified or waived under the procedures in KCC 21A.55.060. (Ord. O-20-687 § 1 (Exh. A)).
13.20.050 Critical drainage and/or erosion areas.
Development in areas where the Department has determined that the existing flooding, drainage and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the Director until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features or other controls necessary to protect against community hazard. Where alternate facility designs or methods will produce a compensating or comparable result in the public interest and which will meet this section’s objectives of safety, function, appearance, environmental protection and maintainability, based upon sound engineering judgment, an adjustment to the special drainage requirements promulgated under this section may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter. Where application of this section will deny all reasonable use of a property and a facility or design that produces a compensating or comparable result cannot be obtained, then a best practicable alternative may be obtained, to be determined by the Community Development Director or designee according to the adjustment process defined in the Surface Water Design Manual. (Ord. O-20-687 § 1 (Exh. A)).
13.20.060 Engineering plans for the purposes of drainage review.
A. 1. All engineering plans shall be submitted to the Community Development Department for drainage review in accordance with the Surface Water Design Manual except those drainage plans developed by, or under the review of, the Public Works Department for either surface water or stormwater capital improvement, repair, maintenance or restoration projects or other linear government agency projects, such as roadways, railways, pipelines, utility lines and trails.
2. If engineering plans are returned for any reason, they shall be returned to the applicant.
3. All master drainage plans, if required, shall be submitted to the Community Development Department for drainage review in accordance with the specifications in the Surface Water Design Manual. The master drainage plan process should commence at the same time as the State Environmental Policy Act (SEPA) process.
4. Drainage plans not subject to drainage review by the Community Development Department under subsection (A)(1) of this section shall be reviewed by the Public Works Department in accordance with MVMC 13.20.040. Project applicability and compliance with MVMC 13.20.040 shall be documented in writing and available for review.
B. The expiration time frames as specified in the Surface Water Design Manual shall apply to all permit and approval applications.
C. All plans shall be processed in accordance with the drainage review procedures specified in the Surface Water Design Manual.
D. All submittal procedures, definitions and specifications for the required contents of engineering plans are presented in the Surface Water Design Manual. (Ord. O-20-687 § 1 (Exh. A)).
13.20.070 Construction timing and final approval.
A. No work related to permanent or temporary storm drainage control for a permitted development may proceed without the approval of the Community Development Director or designee.
B. Erosion and sediment control measures associated with both the interim and permanent drainage systems shall be:
1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with an approved erosion and sediment control plan; and
2. Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and approvals for the project are completed and the potential for on-site erosion has passed.
C. The applicant shall have constructed and have in operation those portions of the drainage facilities necessary to accommodate the control of surface and stormwater runoff discharging from the site before the construction of any other improvements or buildings on the site, or to final recording of a plat or short plat, unless upon written request of the applicant, the development engineer authorizes recording before construction of facilities in order to minimize impacts that may result from construction of facilities during inappropriate times of the year. (Ord. O-20-687 § 1 (Exh. A)).
13.20.080 Vesting period for lots in final short plats.
Unless the Department finds that a change in conditions creates a serious threat to the public health or safety in the short subdivision, for a period of five years after recording, a lot within a short subdivision shall be governed by the provisions of this chapter in effect at the time a fully completed application for short subdivision approval was filed in accordance with Chapter 18.90 MVMC. (Ord. O-20-687 § 1 (Exh. A)).
13.20.090 Liability insurance required.
The applicant required to construct the drainage facility pursuant to this chapter shall maintain a combined single limit per occurrence liability policy in the amount established annually by the City, which shall name the City as an additional insured and protect the City from liability relating to the construction or maintenance of the facility until construction approval or acceptance for maintenance, whichever is last. Proof of this required liability policy shall be provided to the Community Development Director or designee before commencing construction of any drainage facility. If this liability insurance is not kept in effect as required, Maple Valley may initiate enforcement action pursuant to MVMC Title 4. (Ord. O-20-687 § 1 (Exh. A)).
13.20.100 Financial guarantees authorized.
The Community Development Department, or its successor, is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees consistent with the provisions of MVMC 18.60.150. (Ord. O-20-687 § 1 (Exh. A)).
13.20.110 Drainage facilities accepted by Maple Valley for maintenance.
A. Maple Valley is responsible for the maintenance, including performance and operation, of drainage facilities which have formally been accepted for maintenance by the Director.
B. Maple Valley may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:
1. All necessary easements or dedications entitling the City to properly maintain the drainage facility have been conveyed to the City;
2. The Director has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
a. Flooding;
b. Downstream erosion;
c. Property damage due to improper function of the facility;
d. Safety hazard associated with the facility;
e. Degradation of water quality or in-stream resources; or
f. Degradation to the general welfare of the community; and
3. The Director has declared in writing acceptance of maintenance responsibility by the City. Copies of this document will be kept on file in the Public Works Department.
C. The Director may terminate the Department’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
1. Flooding;
2. Downstream erosion;
3. Property damage due to improper function of the facility;
4. Safety hazard associated with the facility;
5. Degradation of water quality or in-stream resources; or
6. Degradation to the general welfare of the community.
Copies of this document will be kept on file in the Public Works Department.
D. A drainage facility which does not meet the criteria of this section shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. (Ord. O-20-687 § 1 (Exh. A)).
13.20.120 Drainage facilities not accepted by Maple Valley for maintenance.
A. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the Department and remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a drainage facility that is:
1. Under a maintenance guarantee or defect guarantee;
2. A private road conveyance system;
3. Released from all required financial guarantees prior to July 7, 1980;
4. Located within and serving only one single-family residential lot;
5. Located within and serving a multifamily or commercial site unless the facility is part of an approved shared facility plan;
6. Located within or associated with an administrative or formal subdivision which handles runoff from an area of which less than two-thirds is designated for detached or townhouse dwelling units located on individual lots unless the facility is part of an approved shared facility plan;
7. Previously terminated for assumption of maintenance responsibilities by the Department in accordance with MVMC 13.20.110; or
8. Not otherwise accepted by the City for maintenance.
B. Prior to the issuance of any of the permits for any multifamily or commercial project required to have a flow control or water quality treatment facility, the applicant shall record a declaration of covenant as specified in the Surface Water Design Manual. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a Maple Valley determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County Assessor’s Office with a copy provided to the Community Development Department.
1. In the event that the titleholders do not effect such maintenance and/or repairs, Maple Valley may perform such work upon due notice. The titleholders are required to reimburse Maple Valley for any such work, including but not limited to staff labor, contracted labor, materials, supplies, and additional inspections. Additionally, the Director is authorized to carry out enforcement actions and penalties pursuant to MVMC Title 4.
2. The City may enforce the restrictions set forth in the declaration of covenant provided in the Surface Water Design Manual.
C. Prior to the issuance of any of the permits and/or approvals for the project or the release of financial guarantees posted to guarantee satisfactory completion, the person or persons holding title to the subject property for which a drainage facility was required shall pay a fee established by the Community Development Director or designee to reasonably compensate the City for costs relating to inspection of the facility to ensure that it has been constructed according to plan and applicable specifications and standards.
D. The duties specified in this section shall be enforced against the person or persons holding title to the property for which the drainage facility was required.
E. Where not specifically defined in this section, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. O-23-788 § 1; Ord. O-20-687 § 1 (Exh. A)).
13.20.130 Source control best management practices.
A. Source Control BMP Requirements. Source control requirements are contained in the Stormwater Pollution Prevention (SPP) Manual, which is a companion to the adopted Surface Water Design Manual.
B. BMP Requirements.
1. The SPP Manual provides information on source control pollution prevention best management practices (BMPs) for commercial, industrial, multifamily residential, single-family residential, and public sites that shall be implemented in accordance with this chapter to reduce the contamination of stormwater, surface water, and groundwater.
2. All proposals for new development and redevelopment shall include source control pollution prevention BMPs as required by the Stormwater Design Manual and the SPP Manual.
3. In applying the SPP Manual to prohibited discharges from normal single-family residential activities, the Director shall use public education and technical assistance as the primary method of gaining compliance with this chapter. Enforcement action will be used if the Director determines:
a. The discharge from a normal single-family residential activity, whether singly or in combination with other discharges, is causing a significant contribution of contaminants to surface and stormwater or groundwater; or
b. The discharge from a normal single-family residential activity poses a hazard to the public health, safety or welfare, endangers any property or adversely affects the safety and operation of City right-of-way, utilities, or other City-owned or maintained property.
4. In applying the source control BMPs to prohibited discharges from existing commercial, industrial, multifamily and public sites, the City may require the application of operational or structural source control BMPs at any time through formal code enforcement for pollutant generating sources associated with existing land uses and activities where necessary to prevent illicit discharges. Failure to comply shall result in enforcement action in accordance with Chapter 4.70 MVMC.
C. Exemptions.
1. Persons implementing BMPs through another approved Federal, State, or local program will not be required to implement the BMPs prescribed in the SPP Manual, unless the Director determines that the other program’s BMPs are ineffective at minimizing the discharge of contaminants. If the other program requires the development of a stormwater pollution prevention plan, the person shall make their plan available to the City upon request. Persons who qualify for exemptions include, but are not limited to, persons who:
a. Have obtained and are complying with a general or individual permit under the NPDES Stormwater Permit Program from the Washington State Department of Ecology;
b. Are a public facility implementing BMPs in compliance with the stormwater management program of an NPDES municipal stormwater permit;
c. Are voluntarily implementing other BMPs, which are equivalent measures, methods, or practices to the BMPs in the SPP Manual. (Ord. O-22-747 § 1 (Exh. A)).
13.20.140 Hazards.
Whenever the Director determines that any existing construction site, erosion and sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of City right-of-way, utilities, and/or other property owned or maintained by the City, the applicant/person to whom the permit was issued pursuant to MVMC 13.20.030, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take the measures necessary to eliminate the hazardous situation; provided, that the Director shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to MVMC 13.20.030, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. O-20-687 § 1 (Exh. A)).
13.20.160 Natural hazards – Authority of Director – Notice.
Whenever the Director has reasonable cause to believe that a natural hazard exists, the Director may enter the premises on which the natural hazard is located and take any steps the Director deems reasonably necessary to abate or mitigate the threat of immediate and substantial harm. If the premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and seek entry. Proper ingress and egress shall be provided to the Director to carry out the steps the Director deems reasonably necessary to abate or mitigate the threat of immediate and substantial harm. The Director should provide email notification to the council in a timely manner after entering a premises without permission. The email notification shall be sent to the City Clerk, who shall retain the original email and provide an electronic copy to all Councilmembers, and the City Manager. (Ord. O-20-687 § 1 (Exh. A)).
13.20.180 Administration – Rules – Notice – Authority of Director – Obligations of responsible party.
A. 1. The Director is authorized to promulgate and adopt administrative rules under the procedures specified in MVMC Title 2 for the purpose of implementing and enforcing this chapter. Adopted administrative rules are available to the public from the Community Development Department or Public Works Department. This includes, but is not limited to, the Surface Water Design Manual. Administrative rules adopted in accordance with this section shall be posted to the City website to provide the public access to adopted public rules. The Director should provide email notification to the council when an administrative rule adopted in accordance with this section has been posted to the website. The email notification shall be sent to the City Clerk, who shall retain the original email and provide an electronic copy to all Councilmembers, and the City Manager.
2. The Director of the Community Development Department or their designee is authorized to develop procedures for applying those administrative rules adopted under subsection (A)(1) of this section and regulations during the review of permit applications for the development of land. These procedures may also be contained in the Surface Water Design Manual.
B. The Director is authorized to make such inspections and take all actions that may be required to enforce this chapter.
C. Whenever necessary to make an inspection to enforce this chapter, monitor for proper function of drainage facilities or whenever the Director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the Director may enter the premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided, that if the premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and seek entry.
D. Proper ingress and egress shall be provided to the Director to inspect, monitor or perform any duty imposed upon the Director by this chapter. The Director shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification the Director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing the work to be done shall thereby be imposed on the person holding title to the subject property. (Ord. O-20-687 § 1 (Exh. A)).
13.20.190 Enforcement.
The Director is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of MVMC Title 4. (Ord. O-20-687 § 1 (Exh. A)).
13.20.200 Implementation, review and revision.
The Department may administer a training program for users of the Surface Water Design Manual. The Department may also conduct an ongoing research program to evaluate the effectiveness of the requirements in meeting the purpose of this chapter. This research program may examine, but not be limited to, hydrologic and hydraulic analysis methods, stream geomorphologic analysis methods, water quality, best management practices and erosion and sediment control measures. (Ord. O-20-687 § 1 (Exh. A)).
13.20.210 Severability.
If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property shall not be affected. (Ord. O-20-687 § 1 (Exh. A)).