§ 26-32. Prohibitions, generally.

(a)

Prohibited acts. The following shall constitute a violation of this Code:

(1)

Any discharge into the stormwater system of the city or drainage district without written permission from the stormwater management utility director and the appropriate drainage district.

(2)

Any discharge into the stormwater system of the city or drainage district in violation of any city, federal, state, county, municipal or other governmental law, regulation or permit is prohibited, except those discharges authorized by a valid NPDES permit.

(3)

Any discharge to the stormwater system that is not composed entirely of stormwater is prohibited, except as authorized by a valid NPDES permit.

(4)

Blocking, filling, altering or obstructing any drainage course, swale, canal, ditch or any type of stormwater management facility in a manner which alters the intended use of the facility, whether the facility is located on public right-of-way, dedicated easement, or private property is strictly prohibited unless specifically authorized by the city and the appropriate drainage districts.

(5)

Litter, littering material. The accumulation, placing, sweeping, scattering, throwing, or dumping of litter, or littering material such as dead plants, yard clippings, stagnant water, rubbish, debris, trash, refuse, including any wrecked derelict or partially dismantled motor vehicle, trailer, boats, machinery, appliances, furniture or similar article, or any unsanitary, hazardous or significant material or other noxious matter upon any surface area, stormwater management system or waterbody within the city is hereby prohibited.

(6)

Development of a parcel of land shall be prohibited from non-permitted discharges onto adjacent parcels of land.

(7)

Failure to properly maintain a stormwater management facility so that it operates as originally designed or permitted is strictly prohibited. If a stormwater system ceases to fully function as intended, the property owner may be required to replace or rebuild said system.

(8)

A failure to fulfill the requirements of section 26-20 of this Code.

(9)

A violation of any other mandatory provision of this chapter.

(b)

Authority to issue cease and desist orders for prohibited activities. Whenever the stormwater management utility director or building official determines that conditions or activities exist which require immediate action to protect the public health, safety, or welfare, the stormwater management utility director, building official or his or her designee are hereby authorized to take all actions reasonably necessary to preserve the public health, safety and general welfare, including to enter upon any property within the city at such reasonable times as the stormwater management utility director or building official deems necessary for the purposes of testing, inspecting, investigating, measuring, and sampling the property where prohibited activities may exist. The stormwater management utility director or building official may issue cease and desist orders to effectuate the immediate discontinuance of any activity that the stormwater management utility director or building official determines causes or tends to cause a prohibited activity or condition. Failure to comply with such order shall constitute a separate violation of this division for each day the activity continues. This order may be made orally provided written notice of such order is subsequently issued in a prompt fashion.

(c)

Liability for pollution abatement. Any person, entity or property owner who discharges pollutants into any waters of the state or stormwater systems or who fails to correct any prohibited condition or discontinue any prohibited activity at the stormwater management utility director or building official's request, shall be responsible to pay the necessary expenses incurred by the city in carrying out any pollution abatement activities undertaken by the city to preserve the public's health, safety and general welfare, including any expenses incurred in testing, measuring, sampling, collecting, removing, containing, treating, and disposing of the pollutant materials in addition to assessed fines and legal fees.

(Ord. No. 2017-08-372, § 2, 7-12-2017)