Chapter 13.36 STORMWATER MANAGEMENT

The purpose of this chapter is to promote sound development policies and construction procedures which respect the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health, and property of the general public; to preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable ground water quantities, locations, and flow patterns; to ensure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.015 Stormwater Management Manual adopted.

The current Department of Ecology Stormwater Management Manual for Western Washington (Stormwater Manual), and as amended by this code, is hereby adopted as the city’s minimum stormwater regulations, technical reference manual and maintenance standard and is hereinafter referred to as the “stormwater manual.” Stormwater infrastructure shall also be designed and constructed in accordance with the city’s public works department standards (SWPWDS). (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.020 Definitions.

For the purpose of this chapter and other provisions in this title related to stormwater, certain terms, phrases, words and their derivatives shall be defined and construed as specified in the stormwater manual and in this title. Words used in the singular include the plural, and the plural the singular. The words “shall,” “will” and “must” are mandatory; the words “should” and “may” are permissive. When any definition in this title conflicts with definitions in the stormwater manual or any other ordinance of the city, that which provides more environmental protection shall control and apply unless specifically provided otherwise in this title.

“Applicant” means any person who has applied for a development permit or approval.

“Department” means the public works department of the city of Sedro-Woolley, as appropriate for capital or private development projects.

“Developer” means the person(s) applying for permits or approvals, the applicant, whether an individual(s) or corporation(s) or governmental agency(ies).

“Director of public works” or “director” means the director of the public works department or his/her designee.

“Discharge stormwater directly or indirectly to the Sedro-Woolley municipal separate storm sewer system (MS4)” means that:

1. The drainage system installed is in right-of-way or an area that will become right-of-way after construction and final site approval;

2. The drainage system installed will become publicly owned after construction and final site approval;

3. The drainage system installed is intended to overflow to a portion of the existing MS4 or public right-of-way; or

4. The drainage system installed is intended to outfall into a portion of the existing MS4 or public right-of-way.

“Drainage system” or “storm drainage system” or “stormwater system” means the same as the stormwater manual definition for “stormwater drainage system.”

“Engineer” means the city engineer or development services manager, as designated for enforcement of capital or private development activities, of Sedro-Woolley.

“Existing grade” means the grade prior to grading.

“Finish grade” means the final grade of the site, which conforms to the approved plan.

“Grading” or “grading activity” means any excavating, filling, grubbing or grading or combination thereof.

“Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater;

3. Which is not a combined sewer;

4. Which is not part of a publicly owned treatment works (POTW) as defined in the Code of Federal Regulations at 40 CFR 122.2; and

5. Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26.

“Parcel” means a tract or plot of land of any size, which may or may not be subdivided or improved.

“Planned residential developments” refers to residential developments which are planned and/or developed in several stages but submitted together for approvals, and which typically consist of clusters of structures interspersed with areas of common open spaces (refer to Chapter 17.43).

“Private drainage system” or “private stormwater disposal systems” means drainage systems located on private property that may or may not discharge directly as through pipes, channels, etc., or indirectly as sheet flow, subsurface flow, etc., into the city’s drainage system.

“Public storm drainage system” means that portion of the drainage system of the city located on public right-of-way, easements or other property owned by the city. Public storm drainage system does not include low impact development BMPs such as bioswales, infiltration ponds, pervious pavement, and other associated low impact development infrastructure located within easements held by the city of Sedro-Woolley for inspection purposes only.

“Small municipal separate storm sewer system” or “small MS4” means an MS4 that is not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) and (7) or designated under 40 CFR 122.26(a)(1)(v).

“Stormwater management manual,” “stormwater manual” or “manual” means Appendix I of the current NPDES Phase II Municipal Stormwater Permit, including the mandatory incorporated provisions of the current Department of Ecology Stormwater Management Manual for Western Washington (“SWMMWW”). (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.025 Abrogation and interpretation of provisions.

A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate or impair any existing ordinances, regulations, issued permit requirements, easements, covenants or deed restrictions, except as expressly stated. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

B. Interpretation. The provisions of this chapter shall be liberally construed to serve the purposes of this chapter. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.030 Applicability.

A. Stormwater management review and approval by the city is required when any new development, redevelopment, or proposed construction site project meets or exceeds the threshold conditions defined in the stormwater manual (e.g., new impervious area, drainage system modifications, redevelopments, etc.) and/or is subject to a city development permit or approval requirement. All the provisions of this title are applicable to any project requiring stormwater management review and approval.

B. Commencement of construction work under any of the nonexempt actions, permits, or applications shall not begin until the department approves a stormwater pollution prevention plan (SWPPP) pursuant to the requirements of the stormwater manual.

C. If new development and redevelopment at sites below the regulatory threshold of this chapter were subject to regulation at the time of permitting, they shall continue to be subject to stormwater regulations, even if the site activities resulted in land disturbances of less than the one-acre threshold. The local stormwater requirements in effect at the time of permit issuance shall apply, unless the minimum requirements for new development and redevelopment contained in this chapter are applicable.

D. Unless otherwise specified in this chapter, all standards, definitions, and requirements shall be in accordance with the current stormwater manual.

E. The following activities are exempt from the minimum requirements set forth in the stormwater manual even if such practices meet the definition of new development or redevelopment:

1. Forest Practices. Forest practices regulated under WAC Title 222, except for Class IV, General forest practices that are conversions from timberland to other uses, are exempt from the provisions of the minimum requirements.

2. Commercial Agriculture. Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timberland to agriculture and the construction of impervious surfaces are not exempt.

3. Oil and Gas Field Activities or Operations. Construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events.

4. Pavement Maintenance.

a. The following pavement maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance.

b. The following pavement maintenance practices are not categorically exempt. The extent to which the minimum requirements in the stormwater manual apply is explained for each circumstance.

i. Removing and replacing a paved surface to base course or lower, or repairing the roadway base: If impervious surfaces are not expanded, the stormwater manual minimum requirements Nos. (1) through (5) apply.

ii. Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders: These are considered new impervious surfaces and are subject to the minimum requirements in the stormwater manual that are triggered when the thresholds identified for redevelopment projects are met.

iii. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete: These are considered new impervious surfaces and are subject to the minimum requirements in the stormwater manual that are triggered when the thresholds identified for redevelopment projects are met.

5. Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to the stormwater manual, Minimum Requirement No. 2, Construction Storm Water Pollution Prevention Plan (SWPPP). (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.040 Minimum requirement thresholds.

The minimum requirements applicable to any project shall be determined as noted in the stormwater manual. Not all of the minimum requirements in the stormwater manual apply to every development or redevelopment project. The applicability varies depending on the type and size of the project. See the stormwater manual for more information about each of the minimum requirements. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.050 Low impact development (LID).

A. Low impact development (LID) is a stormwater management and land development strategy utilized in site design and construction that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to mimic natural hydrologic functions. Implementation of LID benefits streams, lakes, and Puget Sound by moderating the impacts of stormwater runoff generated by the built environment. LID techniques are the preferred and commonly used approach to site development with traditional, structural stormwater management solutions used where LID is infeasible. Low impact development best management practices (LID BMPs) are described in the stormwater manual and the Low Impact Development Technical Guidance Manual for Puget Sound, published by the Puget Sound Partnership and Washington State University Extension. LID site design objectives are:

1. To retain or restore native forest cover to capture, infiltrate, and evaporate all or a portion of the rainfall on a site;

2. To confine development to the smallest possible footprint and minimize land disturbance and site grading;

3. To preserve or restore the health and water-holding capacity of soils;

4. To incorporate natural site features that promote stormwater infiltration;

5. To minimize all impervious surfaces and especially those that drain to conventional piped conveyances;

6. To manage stormwater through infiltration, bioretention, and dispersion;

7. To manage stormwater runoff as close to its origin as possible in small, dispersed facilities;

8. Locate buildings away from critical areas and soils that provide effective infiltration;

9. Increase reliability of the stormwater management system by providing multiple or redundant LID flow control practices; and

10. Integrate stormwater controls into the development design and utilize the controls as amenities to create a multifunctional landscape.

B. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements in the stormwater manual. A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in western Washington. These BMPs and the overall LID approach are described in the stormwater manual and the Low Impact Development Technical Guidance Manual for Puget Sound.

C. The menu of LID BMPs identified in the stormwater manual and the Low Impact Development Technical Guidance Manual for Puget Sound are accepted for use in stormwater site plans to address the minimum requirements in the stormwater manual, subject to the specifications, performance standards, and design criteria in the stormwater manual, and city of Sedro-Woolley engineering design and development standards and review and approval under this chapter, as applicable.

D. Restrictions on conversion of drainage facilities shall be recorded on the face of the plat.

E. A covenant and easement may also be required to be recorded with the Skagit County auditor’s office for each lot containing or served by LID BMP facilities in a form approved by the city attorney. The covenant shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or shared ownership. The easement shall be granted for city access to low impact development facilities on private property to allow inspection, emergency maintenance and repair. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.060 Contents of a stormwater site plan.

A. Stormwater Site Plan Required. New development and redevelopment projects must submit a stormwater site plan, prepared using Volume I, Chapter 3 of the adopted stormwater manual, for approval by the department.

B. Contents of Plan. In addition to the requirements described in the stormwater manual, an off-site analysis report shall be required. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.070 Development in critical flood, drainage and/or erosion areas.

Development which would increase the volume of discharge from the subject property shall not be permitted in areas where existing flooding, drainage, and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community or property, until such time as the community hazard is alleviated. Where application of the provisions of this chapter will deny all reasonable use of the property, the director or designee may waive the restrictions on development contained in this section; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter and Chapter 17.65, Regulation for Critical Areas. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.080 Fees.

The applicant shall pay all fees and costs as established by ordinance or resolution prior to approval or other review and inspections pursuant to this chapter. If no separate fee is established, the applicant shall pay a fee based on the hourly rate for city engineering services established by separate ordinance or resolution for plan review and inspections. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.090 Construction standards and specifications.

The director shall approve, prepare, administer, and enforce detailed construction standards and specifications for all storm drainage lines, on-site stormwater and erosion control facilities. Where the city might otherwise accept ownership or a maintenance responsibility, the city shall not accept ownership or maintenance responsibility for any lines or facilities which are constructed in violation of said standards and specifications. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.100 Review and approval of plans.

All stormwater site plans and any other documents required by or prepared in connection with this chapter shall be submitted for review to and approval by the director or designee.

The applicant shall keep two sets of the approved plans on site at all times for recording as-built information; one set shall be submitted to the project engineer, and one set shall be submitted to the director at completion of construction and prior to final acceptance of work. The owner and/or contractor shall notify the engineer and the director when conflicts exist between the plans and field conditions. Conflicts shall be resolved (including plan and profile revisions) and resubmitted for approval prior to proceeding with construction. For further plan retention and revision requirements for stormwater site plans and construction stormwater pollution prevention plans see the stormwater manual, Minimum Requirement No. 2, Construction Storm Water Pollution Prevention Plan (SWPPP). (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.110 Inspections—Construction.

All activities regulated by this chapter shall be inspected by the engineer and/or public works department. Projects shall be inspected at various stages of the work to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land-disturbing activities; installation of utilities, landscaping, retaining walls; and completion of project. When required by the director or designee, a special inspection and/or testing shall be performed.

Prior to any clearing, grading, filling, and/or drainage facility construction, the contractor may be required to conduct a preconstruction conference with the city’s engineering construction inspector to coordinate the project.

A. All projects which include clearing, grading, filling or drainage shall be subject to inspection by the engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fish and Wildlife.

B. Each site that has an approved grading, erosion and sediment control or other required plan must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the city at the following stages:

1. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;

2. During the construction of sediment basins or stormwater management structures;

3. During rough grading, including hauling of imported or wasted materials;

4. Prior to the removal or modification of any sediment control measure or facility; and

5. Upon completion of final grading, including establishment of groundcover and planting, installation of all vegetative measures, and all other work in accordance with an approved plan and/or permit.

C. The permittee may secure the services of a retained engineer, subject to the approval of the engineer, to inspect the construction of the facilities and provide the city with a fully documented certification that all construction is done in accordance with the provisions of an approved grading, erosion and sedimentation control or other required plan, applicable rules, regulations, permit conditions and specifications. If inspection certification is provided to and accepted by the city, approval by the engineer may be waived. In these cases the city shall be notified at the required inspection points and may make spot inspections. The retained engineer shall use the “Engineer’s Construction Inspection Report” form for certification of the construction or other similar form approved by the engineer.

D. Soils Approval. This inspection/approval applies when engineered soils, bioretention soil mixes, compost amended soils, soils to meet BMP T5.13, Post Construction Soil Quality and Depth, from Chapter 5, Volume V of the stormwater manual, or other specific soil mixes are used as a design feature of a stormwater facility. The developer must demonstrate that the soil mixes approved on the plans are used for construction.

E. System-wide inspections for residential developments will take place after all flow control and water quality treatment facilities are completed during the period of heaviest house construction to identify maintenance needs and enforce compliance with maintenance standards as needed.

F. When low impact development BMPs or permanent stormwater treatment and flow control BMPs/facilities are installed that are designed to infiltrate, the city may require the permit holder to verify proper installation and function. A licensed geotechnical engineer or other qualified personnel, as approved by the city, shall follow the testing procedures in the stormwater manual for other facility types. Permit holders are responsible for cost of testing and ensuring all facilities meet design standards, specifications, proper installation and function.

G. Where a maintenance bond is required for a project, a final inspection by the city will be required at the end of the two-year maintenance bond period. The developer will be responsible for repairing any deficiencies found as a result of the city inspection. No bond shall be released until all deficiencies are resolved and accepted by the city.

In some circumstances not all of the above inspections may be necessary. It shall be at the discretion of the public works director or designee to waive or combine any of the above inspections as dictated by conditions.

The public works director or designee shall inspect the work and shall either approve the same or notify the applicant in writing in what respects there has been failure to comply with the requirements of the approved plan. Any portion of the work which does not comply shall be promptly corrected by the applicant. The public works director or designee may make unscheduled site inspections to ensure compliance. Uncorrected violations will be subject to the provisions of Title 18. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.120 Bonds and liability insurance required.

The department is authorized to require all persons constructing retention/detention, low impact development, or other drainage system features to post surety or cash bonds. Where such persons have previously posted, or are required to post, other such bonds on the facility itself or on other construction related to the facility or project, such person may, with the permission of the public works director or designee, and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace.

A. Construction Bond. Prior to commencing construction, the person constructing the facility may be required to post a construction bond in an amount sufficient to cover the cost of performing said construction per the approved drainage plans. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank may be allowed at the city’s option.

B. Maintenance Bond. After satisfactory completion of the facilities and release of the construction bond by the city, the person constructing the facility or project may be required to post a two-year maintenance bond for the facility. The city may require the person constructing the facility to verify that the stormwater facilities are functioning as designed. A cash bond, to be used at the discretion of the city and to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two-year maintenance period. The amount of the cash bond shall be determined by the public works director or designee. In addition, at the discretion of the city, a surety bond or cash bond to cover the cost of design defects or failures in workmanship or function shall also be posted and maintained through the two-year maintenance period. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank may be allowed, at the city’s option. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.130 Stormwater covenant and easement.

A drainage covenant and easement may be required to be recorded for all private stormwater treatment and flow control facilities. The covenant and easement shall be in a form acceptable to the city attorney and shall provide the right of ingress and egress, and the right to perform emergency maintenance. The covenant and easement shall include a description of the property, facility(ies), and the maintenance responsibilities. The covenant shall be recorded with the Skagit County auditor’s office against the title of the property and run with the land to all successors and assigns. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.140 Maintenance of drainage facilities by owner.

It shall be the responsibility of the owner of the property, or persons with a shared ownership interest in the property, or their heirs, successors and assigns, to operate, maintain, repair and replace the facilities in continuous compliance with Chapter 13.40 and any approved operations and maintenance plans. The director or designee shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.150 Applicability to governmental entities.

All municipal corporations and governmental entities shall be required to submit a stormwater site plan and comply with the terms of this chapter when developing and/or improving land within the incorporated areas of the city of Sedro-Woolley or within adjacent areas which may affect the city. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.160 Adjustments.

All adjustments to the minimum requirements in the stormwater manual may be granted prior to permit approval and construction. Adjustments must be reviewed in the context of each application, site and potential impacts. Approval does not establish precedent for subsequent applications that may reflect different scale, complexity and site conditions. Adjustments to the minimum requirements may be granted by the director; provided, that a written finding of fact is prepared that addresses the following:

A. The adjustment provides substantially equivalent environmental protection.

B. Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance are met. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.170 Exceptions.

A. Exceptions to the minimum requirements in the stormwater manual may be granted prior to permit approval and construction. Exceptions must be reviewed in the context of each application, site and potential impacts. Approval does not establish precedent for subsequent applications that may reflect different scale, complexity and site conditions. Application for an exception shall be filed in writing with the director and shall adequately detail the reason for an exception.

B. Exceptions/variances (exceptions) to the minimum requirements in the stormwater manual may be granted by the director following legal public notice of an application for an exception or variance, legal public notice of the director’s decision on the application, and written findings of fact that document the director’s determination to grant an exception. The director will keep records, including the written findings of fact, of all exceptions to the minimum requirements.

C. Project-specific design exceptions based on site-specific conditions do not require prior approval of the Department of Ecology. The city will seek prior approval by the Department of Ecology for any jurisdiction-wide exception.

D. The director may grant an exception to the minimum requirements in the stormwater manual if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the director must consider and document with written findings of fact the following:

1. The current (pre-project) use of the site; and

2. How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and

3. The possible remaining uses of the site if the exception were not granted; and

4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and

5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and

6. The feasibility for the owner to alter the project to apply the minimum requirements.

E. In addition, any exception must meet the following criteria:

1. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

2. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

F. An exception/variance shall be subject to the same notice requirements and appeal process from the decision of the director as a Type II decision subject to Chapter 2.90, to the extent applicable and not inconsistent with this chapter. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.180 Additional procedures and review.

In various sections of this chapter, the public works director or designee, the engineer, and/or the city planner may be empowered to impose requirements, give approvals, make determinations and the like (hereinafter in this section “administrative determinations”). This section sets out procedures for administrative determinations. All administrative determinations shall be made in a timely manner to satisfy all requirements of state law. All administrative determinations shall be in writing and shall set out facts and conclusions to support the decision made. All administrative determinations shall be made to achieve the purposes of this chapter as set forth in Section 13.36.010. All administrative determinations may be appealed to the hearing examiner by filing written notice of appeal with the city clerk within ten days of service of the administrative determination. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.190 Enforcement.

A. The director shall enforce this chapter. Violations of this chapter shall be subject to civil penalties and process as set forth in Title 18. It shall be a violation of this chapter to (1) engage in any regulated activity without a permit issued pursuant to this chapter, (2) to violate the terms and conditions of a permit issued pursuant to this chapter, or (3) to permit, allow, or commit an illicit discharge prohibited by Chapter 13.42.

B. The director is authorized to seek injunctions, restraining orders, and other civil relief in court as is necessary to enforce this chapter. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.200 No special duty created.

A. It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

B. Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or by reason or as a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents, or employees. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.210 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2068-24 § 1 (Att. A), 2024)

13.36.220 Appeals.

Any applicant may appeal the decision of the director to issue, condition or deny a permit in the same manner as a Type II decision subject to Chapter 2.90, to the extent applicable and not inconsistent with this chapter. For administrative interpretations see Section 13.36.180. (Ord. 2068-24 § 1 (Att. A), 2024)