ARTICLE IV. Stormwater Control

Division 1. General Provisions

118-300—118-323 Reserved

118-324 General provisions.

(a)    Authority. This article is enacted in accordance with the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1251 et seq., as amended; Part 31 of the Natural Resources and Environmental Protection Act of 1994 (“Part 31”), MCL 324.3101 et seq., as amended; the “Storm Water Discharges from Municipal Separate Storm Sewer Systems (MS4s)” issued by the Michigan Department of Environment, Great Lakes, and Energy pursuant to Part 31, as amended; Act 288 of 1967 (Subdivision Control Act), MCL 560.101 et seq., as amended by the Land Division Act, MCL 560.101 et seq.; Act 283 of 1909 (County Road Law), MCL 224.1 et seq., as amended; Act 40 of 1956 (Drain Code), MCL 280.1 et seq., as amended; and Act 96 of 1987 (Mobile Home Commission Act), MCL 125.2301 et seq., as amended.

(b)    Purpose. Prevention of pollution from stormwater runoff and the protection of the quality of the waters of the state of Michigan is of utmost importance to the people of the City of Pontiac. It is the purpose of this article and any rules promulgated pursuant to this article:

(1)    To protect the environment against pollution and other effects from stormwater runoff, and to protect the public health and safety;

(2)    To provide for the implementation of a stormwater control program in the City of Pontiac to protect public and private property by minimizing and preventing flooding, streambank erosion, pollution, and other negative impacts from uncontrolled, excess stormwater runoff;

(3)    To establish standards and criteria for the design and construction of stormwater control systems subject to the requirements of this article;

(4)    To establish best management practices for the design, construction, maintenance, and operation of stormwater control systems subject to the requirements of this article;

(5)    To provide for the issuance of stormwater construction approvals for construction activities subject to the requirements of this article;

(6)    To provide for the long-term preservation and maintenance of stormwater control systems subject to the requirements of this article;

(7)    To authorize the inspection of stormwater control systems subject to the requirements of this article; and

(8)    To provide for the administration, implementation, and enforcement of this article.

(c)    Administration. This article shall be administered by the City of Pontiac, or its designees.

(d)    State Rules. Unless otherwise specifically provided in this article, the provisions of this article shall control over less stringent rules of the Michigan Department of Environment, Great Lakes, and Energy, unless contrary to law.

(e)    No Waiver of Other Obligations. Nothing in this article or any rule promulgated pursuant to the article shall be construed to reduce, abate, alter, modify, amend, or affect any duty or obligation to preserve and protect the environment, including the Clinton River and Rouge River watersheds or other waters of the state, to control soil erosion and sedimentation, to protect wetlands, or to prevent air, water, or other pollution.

(f)    Incorporation by Reference. Rules, regulations, other regulatory standards or statutory provisions incorporated or adopted by reference in this article, or any rules promulgated pursuant to this article shall have the same force and effect given to any provision of this article.

(g)    Severability and Conflict. The provisions of this article shall be severable. If any provision of this article is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, the remaining provisions of this article shall remain valid and enforceable. To the extent the terms and requirements of this article conflict with other City rules or regulations concerning stormwater control, the terms and requirements of this article shall control.

(Ord. No. 2412, 6-6-23)

118-325 Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a property owner, or the property owner’s authorized agent or representative, responsible for regulated construction activity on a development site and who is seeking to obtain stormwater construction approval.

Approved means the approval of the City of Pontiac representative(s) and/or City departments.

Best management practice or BMP means a practice or combination of practices that have been determined by the City to be the preferred method of preventing, minimizing, or reducing pollution and other effects of stormwater and stormwater runoff. BMPs include but are not limited to schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, stormwater control systems, City storm drains, or MS4. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage, as regulated by this article.

Bioretention area means a component of a stormwater control system that is comprised of a depressed land area that contains specific soil, plant materials, and other features and is used for channel protection and/or water quality control.

Bridge means a structure, including supports, built to carry a feature over surface water or watercourse, with a clear span of more than 20 feet measured along the center of the feature being carried.

Buffer strip means a zone that is used for filtering stormwater and to direct stormwater runoff into a stormwater control system and/or for providing maintenance access to a stormwater control system.

Catch basin means a structure designed to collect water from the surface and convey it into a closed conduit.

City means the City of Pontiac and their designated representative or representatives.

City storm drain(s) means the City of Pontiac storm sewer system and the City of Pontiac drainage system and facilities.

Closed conduit means an enclosed conveyance designed to carry stormwater runoff such that the surface of the water is not exposed to the atmosphere, including without limitation storm sewers, culverts, closed City drains, and pipes.

Construction activity means a manmade activity, including, without limitation, clearing, grading, excavating, construction and paving, that results in an earth change or disturbance in the existing cover or topography of land, including any modification or alteration of a site or the “footprint” of a building that results in an earth change or disturbance in the existing cover or topography of land.

Construction permit means a construction permit issued by the City after the issuance of a stormwater construction approval in accordance with this article and the rules promulgated hereunder.

Conveyance means any structure or other means of safely conveying stormwater and stormwater runoff within a stormwater control system, including without limitation a watercourse, closed conduit, culvert, or bridge.

County drains means drains established pursuant to the Michigan Drain Code of 1956, MCL 280.1 et seq., as amended.

County road shall include roads and road rights-of-way within the jurisdiction of the Road Commission of Oakland County.

Culvert means a structure, including supports, built to carry a feature (i.e., roadway) over a surface water or watercourse, with a clear span of less than 20 feet measured along the center of the feature being carried.

Design storm means a rainfall event of specified size and return interval that is used to calculate the water volume and peak flow rate that must be handled by a stormwater control system.

Detention or detain means the temporary storage of stormwater and stormwater runoff to control peak flow rates and/or provide pollutant removal before discharging the water to a surface water or closed conduit.

Detention system means a component of a stormwater control system, either aboveground or belowground, that detains stormwater and stormwater runoff. Detention systems may include, without limitation, open detention basins and underground detention systems.

Development site means the property on which regulated construction activity will occur or is occurring or has occurred.

Director means the Director of the City of Pontiac Department of Public Services or their designee.

Drainage area means the entire upstream land area from which stormwater runoff drains to a particular location, including any off-site drainage area.

Extended detention means the storage and gradual release of stormwater from a detention system over a period of not less than 48 hours.

Flood control means methods used to reduce or prevent negative impacts of stormwater runoff.

Forebay means a component of a stormwater control system that is comprised of surface water that is used as a pretreatment system.

Illicit Connections. An illicit connection means either of the following:

(a)    Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter a stormwater control system, MS4, County drain, road drain, or receiving waters including but not limited to any conveyances which allow any nonstormwater discharges, including sewage, wastewater or wash water to enter the stormwater control system, and any connection to the storm drain system from indoor drain and sinks, regardless of whether said drain or connection had been allowed, permitted or approved by the City; or

(b)    Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the authorized City department.

Long-term maintenance agreement means a long-term maintenance permit fully executed by the City, property owner and other public entity approved by the City, together with a resolution issued by the City.

Long-term maintenance permit means a long-term maintenance permit issued by the City, including the long-term maintenance plan approved by the City, pursuant to this article and the rules promulgated pursuant to this article.

Long-term maintenance plan means a written document submitted as part of the construction permit application that identifies all the stormwater control system components, maintenance responsibilities and schedule, and is included in the long-term maintenance permit executed by the City and the property owner and other public entity approved by the City.

Manufactured treatment system means a component of a stormwater control system that is comprised of a manmade device or structure that is used as a pretreatment system.

MS4 or municipal separate storm sewer system means a system of drainage (including, but not limited to, roads, storm drains, pipes and ditches) that is publicly owned, not a combined sewer or part of a sewage treatment plant.

MS4 permit means a permit under Section 402 of the Federal Water Pollution Control Act of 1972, as amended, and under Part 31 of the Michigan Natural Resources and Environmental Protection Act of 1994, as amended, that authorizes communities with MS4s to discharge stormwater to the waters of the state.

Nonstormwater discharge means any discharge to a storm water control system, MS4, County drain, road drain, or receiving waters that is not composed entirely of stormwater.

Open detention basin means a component of a stormwater control system that is comprised of a surface water that is used as a detention system.

Ordinance means the City of Pontiac Stormwater Control Ordinance.

Peak flow rate means the maximum instantaneous rate of flow at a particular location within a stormwater control system, usually in reference to a specific design storm event.

Permit means a construction permit or long-term maintenance permit, as applicable, issued by the City pursuant to this article.

Permit holder means a person granted a permit pursuant to this article.

Permit office means the Permit Office of the City of Pontiac Department of Public Services, Engineering Division.

Person means a natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, limited company, limited liability company, S corporation, C corporation, partnership, limited liability partnership, business trust, institution, agency, government corporation, municipal corporation, city, county, municipality, district, or other political subdivision, department, bureau, agency or instrumentality of federal, state, or local government, or other entity recognized by law as the subject of rights and duties, whether organized in the State of Michigan or another state, country or territory.

Pollutant means any substance introduced into the environment that may adversely affect the public health, safety, welfare, or the environment, or the usefulness of a resource. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects; and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; wastewater, sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking areas.

Pretreatment system means a structure, feature, or appurtenance, or combination thereof, either aboveground or belowground, that is used as a component of a stormwater control system to remove incoming pollutants from stormwater and stormwater runoff. Pretreatment systems may include, without limitation, forebays, manufactured treatment systems, and bioretention areas.

Property owner means a person with legal title to real property on which a stormwater control system is constructed pursuant to this article.

Regulated construction activity means construction activity that is subject to the provisions of this article or a rule promulgated pursuant to this article.

Retention or retain means the storage of stormwater and stormwater runoff to provide gravity settling of pollutants and to promote infiltration into the soil, rather than to discharge the stormwater or stormwater runoff to a surface water or closed conduit.

Retention basin means a component of a stormwater control system that retains stormwater and stormwater runoff with no outlet to the receiving drainage system. Retention basins discharge via infiltration and evaporation.

Stormwater means water resulting from precipitation, including without limitation rain, snow, and snowmelt.

Stormwater construction approval means an approval issued pursuant to this article and rules promulgated pursuant to this article.

Stormwater control program means the ordinances, orders, rules, regulations, and other mechanisms that provide for the control of stormwater and stormwater runoff to prevent and reduce flooding and to ensure the restoration and/or protection of surface waters in Pontiac. With respect to the City, stormwater control program consists of the requirements of this article and any rules or regulations promulgated under this article, the Oakland County Water Resources Commissioner Stormwater Engineering Design Standards Manual, and activities mandated by the City of Pontiac municipal separate storm sewer system (MS4) permit as issued by the Michigan Department of Environment, Great Lakes, and Energy to the City.

Stormwater control system means any structure, feature, or appurtenance subject to this article or a rule promulgated pursuant to this article that is designed to collect, detain, retain, treat, or convey stormwater or stormwater runoff, including without limitation buffer strips, swales, gutters, catch basins, closed conduits, detention systems, pretreatment systems, wetlands, pavement, unpaved surfaces, structures, watercourses, or surface waters. “Stormwater control system” also includes City of Pontiac Storm Sewer System, County drains, County road drainage system and receiving waters.

Stormwater engineering design standards means a manual published separately by the Oakland County Water Resources Commissioner and updated periodically that outlines key elements of this article and the rules and assists with their implementation. Specifically, the manual describes: performance standards for stormwater control systems, design criteria for the various components of stormwater control systems, and design and maintenance information for various BMPs.

Stormwater runoff means the excess portion of precipitation that does not infiltrate the ground, but “runs off” and reaches a conveyance, surface water, or watercourse.

Surface water means a body of water, including without limitation seasonal and intermittent waters, in which the surface of the water is exposed to the atmosphere, including without limitation lakes, open detention basins, forebays, watercourses, bioretention areas, retention basins, wetlands, and impoundments.

Underground detention system means one or more underground pipes and/or other structures that are utilized as a detention system.

Watercourse means a natural or artificial channel through which water flows, including without limitation rivers, streams, vegetated swales, open channels, and open County drains.

Wastewater means any water or other liquid, other than uncontaminated storm water discharged from a facility.

Watershed means the complete area or region draining into a watercourse, surface water, or closed conduit.

Wetland means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh.

WRC means the Oakland County Water Resources Commissioner of Oakland County, Michigan.

(Ord. No. 2412, 6-6-23)

118-326—118-360 Reserved.

Division 2. Applicability

118-361 General.

This article and rules promulgated to this article shall apply to all of the following:

(a)    Construction activity that negatively impacts or may negatively impact stormwater runoff into or around new or existing road rights-of-way within the jurisdiction of the City;

(b)    Construction activity that negatively impacts or may negatively impact stormwater runoff into or around City storm sewers or any part of the storm sewer system and/or WRC drains;

(c)    Construction activity that negatively impacts or may negatively impact stormwater runoff in projects that are subject to the requirements of Act 288 of 1967 (Subdivision Control Act), MCL 560.101 et seq., as amended;

(d)    Construction activity that negatively impacts or may negatively impact stormwater runoff from projects that are subject to Act 96 of 1987 (Mobile Home Commission Act), MCL 125.2301 et seq., as amended;

(e)    Construction activity that negatively impacts or may negatively impact stormwater runoff into, on, or through property owned by the City;

(f)    Construction activity that negatively impacts or may negatively impact new or existing storm sewer systems owned, operated, or controlled by the City; and

(g)    Construction activity that occurs within and negatively impacts or may negatively impact water quality or water resources in watersheds or subwatersheds impacted by discharges authorized by the Michigan Department of Environment, Great Lakes, and Energy pursuant to the City of Pontiac municipal separate storm sewer systems (MS4) permit. Construction activity that negatively impacts or may negatively impact stormwater runoff or water quality includes, without limitation, construction activity that: increases stormwater runoff rates, velocities, or volumes; increases water pollution or transports pollutants; causes erosion and/or sedimentation of waterways; causes a lack of ground infiltration; increases water temperatures; exceeds the safe receiving capacities of storm sewer systems owned, operated, or controlled by the City; or endangers public health or safety.

Notwithstanding this section, this article shall not apply to emergency repairs within a City right-of-way.

(Ord. No. 2412, 6-6-23)

118-362 Requirements.

(a)    Nothing in this article, or in any rule promulgated pursuant to this article, invalidates any rule, regulation, or ordinance prior to the effective date of the ordinance codified in this article.

(b)    Nothing in this article or in any rule promulgated pursuant to this article shall apply to construction activity that is subject to a stormwater control program enacted by the City that imposes requirements equal to or more stringent than the minimum applicable requirements of this article.

(c)    The City, in its sole discretion, and to the extent permitted by law, may enter into an agreement with any permit holder, property owner, or person, government, municipality, or agency for the purpose of implementing, in whole or in part, this article and/or any rule promulgated pursuant to this article, with respect to construction.

(Ord. No. 2412, 6-6-23)

118-363 Prohibition of illegal discharges and illicit connections.

(a)    Illegal Discharges. It shall be a violation of this article for any person to discharge into the stormwater control system, MS4, County drain, road drain, receiving waters or watercourses, any materials, including but not limited to: pollutants or water containing pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater, unless otherwise approved by this article.

(b)    Illicit Connections. The construction, use, maintenance, or continued existence of an illicit connection to the stormwater drain system, MS4, County drain, road drain, receiving waters or watercourses is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law and practices applicable at the time of connection. A person is considered in violation of this article if the person connects a line conveying sewage to the MS4, County drain, road drain, receiving waters or watercourses or allows such a connection to continue.

(Ord. No. 2412, 6-6-23)

118-364—118-375 Reserved.

Division 3. Stormwater Construction Approvals

118-376 General requirements.

It shall be a violation of this article to engage in regulated construction activity except in accordance with this article and rules promulgated pursuant to this article, and pursuant to a valid stormwater construction approval and construction permit issued by the City. A stormwater construction approval shall be issued in a form and manner approved by the City and may be incorporated into a construction permit or other approval issued under or required by another ordinance, statute, or regulation.

(Ord. No. 2412, 6-6-23)

118-377 Application for stormwater construction approval.

(a)    Applicants shall submit a written application for a stormwater construction approval to the City. The application shall be made in a form and manner approved by the City and shall include all information and documentation required by the City pursuant to this article or rules promulgated pursuant to this article. While an application for stormwater construction approval and a construction permit may be executed by an authorized representative or agent of the property owner on whose land the stormwater control system is or will be located, a long-term maintenance permit shall be executed by the property owner itself, the City and approved by City resolution.

(b)    After issuance of a stormwater construction approval, but prior to commencement of construction activity, the applicant shall obtain a construction permit from the City.

(c)    All proposed modifications to a stormwater control system shall be submitted to the City in writing, together with all information and all supporting documentation required by the City pursuant to this article or rules promulgated pursuant to this article to support the proposed modification. A person shall not commence regulated construction activity associated with a proposed modification without a stormwater construction approval and construction permit from the City.

(d)    All construction permits issued by the permit office shall expire not later than two years after the date of issuance, unless extended in writing by the permit office for good cause shown by the permit holder.

(Ord. No. 2412, 6-6-23)

118-378 Financial assurance for regulated construction activity.

(a)    The City may require an applicant to provide financial assurance for regulated construction activity.

(b)    Financial assurance provided pursuant to this section shall be in the form of a performance bond, cashier’s or certified check, or unconditional irrevocable letter of credit. The City may accept, with prior approval, an equivalent instrument as financial assurance for regulated construction activity.

(c)    The City may establish the form and amount of financial assurance to be provided; the events, circumstances, or occurrences that will cause the City to release the financial assurance; and other requirements for financial assurance to satisfy the purposes of this article.

(d)    The City will only release the construction permit and financial assurance after the City receives a recorded copy of the resolution and fully executed long-term maintenance permit, including the maintenance plan and schedule, pursuant to Division 6 of this article, and all fees assessed pursuant to this article have been paid, in accordance with this article and the rules promulgated pursuant to this article.

(Ord. No. 2412, 6-6-23)

118-379—118-390 Reserved.

Division 4. Design and Construction Requirements for Stormwater Control Systems

118-391 General.

(a)    Except as provided below, stormwater control systems shall be designed in accordance with the minimum requirements for performance and design that are set forth in this article and in rules promulgated pursuant to this article.

(b)    The City encourages the development and use of innovative stormwater control system designs and construction techniques, including without limitation the use of nonstructural practices to reduce stormwater runoff and/or its water quality impacts, to achieve the flood control and water quality objectives of this article and the rules promulgated hereunder.

(c)    Notwithstanding any provision in this article or a rule promulgated pursuant to this article, the City may require stormwater control systems to satisfy performance and/or design standards more stringent than the minimum requirements for performance and design set forth in this article and in rules promulgated pursuant to this article when necessary to address unique flood control or water resources protection issues at a development site that negatively impacts or may negatively impact adjacent properties or downstream of a development site.

(Ord. No. 2412, 6-6-23)

118-392 Requirements for design of stormwater control systems.

(a)    Stormwater control systems under City jurisdiction shall meet the standards of the Oakland County Water Resources Commissioner, Storm Water Engineering Design Standards, latest edition, and the requirements of this article and the rules promulgated pursuant to this article. It shall be the responsibility of the applicant or its designee to obtain the approval of the City pursuant to this article and rules promulgated pursuant to this article. The City may deny a stormwater construction approval for a system design that is not in compliance with these requirements.

(b)    In designing a stormwater control system, the applicant shall consider all relevant and appropriate factors, including without limitation the following:

(1)    The public health, safety, welfare, and the environment;

(2)    The inconvenience caused by stormwater runoff on the subject property;

(3)    The long-term impact of regulated construction activity on stormwater runoff on, from, and beyond the property;

(4)    The natural drainage pattern of the land;

(5)    The impact of the regulated construction activity on the affected watershed(s);

(6)    The effect of complete upstream development on the subject property as determined by applicable master plans and/or stormwater plans; and

(7)    The extent of downstream improvements necessary for proper stormwater drainage.

(Ord. No. 2412, 6-6-23)

118.393—118.399 Reserved.

Division 5. Fees for Stormwater Construction Approvals

118-400 General.

A City agency may recommend to the City Council a written schedule to be adopted by the City to establish a fee system for administering and implementing the stormwater control program. The fee system may include fees for application submittal and review, permit issuance, project overview, compliance inspections, and any other task or service performed by the City to administer or implement the requirements of this article or rules promulgated hereunder. Fees may be refundable or nonrefundable, as determined appropriate by the City, and may include charges for time and materials utilized by the City in implementing and administering the requirements of this article or rules promulgated pursuant to this article. The fees described in this article are separate and distinct from the financial assurance that may be required pursuant to section 118-378. The schedule of fees shall be established from time to time by resolution of the City Council.

(Ord. No. 2412, 6-6-23)

118-401—118-405 Reserved.

Division 6. Long Term Maintenance

118-406 Demonstration of long-term maintenance.

The property owner where the stormwater construction occurs shall demonstrate to the City in the application or during the application review process, as determined appropriate by the City, that the stormwater control system shall be maintained in perpetuity. This demonstration shall be made by entering into an agreement with the City in the manner specified in this article and in rules promulgated pursuant to this article.

(Ord. No. 2412, 6-6-23)

118-407 Scope of long-term maintenance.

For purposes of this article and rules promulgated pursuant to this article, long-term maintenance shall include: site monitoring, inspection and preventative maintenance activities necessary to ensure that a stormwater control system functions properly as designed; maintenance of structural and vegetative BMPs installed and implemented to meet the performance standards; remedial actions necessary to repair, modify, or reconstruct the system in the event the system does not function properly as designed at any time; notification to subsequent owners of limitations or restrictions on the property; actions necessary to enforce the terms of restrictive covenants or other instruments applicable to the property pursuant to this article and rules promulgated pursuant to this article; and such other actions as may be set forth in rules promulgated hereto, all such actions to be performed in perpetuity.

(Ord. No. 2412, 6-6-23)

118-408 Long-term maintenance agreement process.

The long-term maintenance agreement shall be between the owner of the property on which the stormwater control system is constructed and the City. The City will approve long-term maintenance agreement for the project pursuant to this article that identifies, among other things, the limits of the stormwater control system, the party responsible for maintenance, and the activities required to ensure that the system functions effectively. Long-term maintenance shall begin after construction of the stormwater control system has been completed, the City has performed a final inspection of the completed stormwater control system which it approves, and the City has received the engineer’s certificate of construction for the completed stormwater control system. After the City’s approval of the final inspection of the stormwater system and the City receives the engineer’s certificate of construction for the completed stormwater system and prior to the expiration date of the construction permit, the property owner shall obtain a resolution issued by City Counsel to execute the long-term maintenance agreement on behalf of City in accordance with this article and the rules promulgated pursuant to this article. The City will not release the construction permit and financial assurance until all the above are completed.

(Ord. No. 2412, 6-6-23)

118-409 Recording.

After the City’s approval of the long-term maintenance agreement, the long-term maintenance permit together with the resolution shall be recorded at the Oakland County, Michigan Register of Deeds. No long-term maintenance permit shall be recorded prior to the City’s approval. The long-term maintenance agreement shall run with the land and be binding on the property owner and any successors or assigns.

(Ord. No. 2412, 6-6-23)

118-410—118-425 Reserved.

Division 7. Authority and Duties of Inspectors

118-426 Authority.

Upon presentation of proper credentials and identification, and after stating the authority and purpose of the inspection, City inspectors shall be promptly permitted to enter and inspect a development site. The inspection shall be for the purpose of investigating the development site’s stormwater control systems or components of the stormwater control systems, to determine compliance or non-compliance with this article, rules or regulations promulgated pursuant to this article, stormwater construction approvals, permits issued and agreements pursuant to this article.

(Ord. No. 2412, 6-6-23)

118-427 Duties of inspectors.

While entering and performing an inspection on private property pursuant to section 118-426, a City inspector shall observe and comply with all safety rules applicable to the premises.

(Ord. No. 2412, 6-6-23)

118-428 —118-445 Reserved.

Division 8. Compliance and Enforcement

118-446 General.

All persons subject to the requirements of this article shall fully cooperate with the City to ensure that the requirements of this article, rules promulgated pursuant to this article, stormwater construction approvals and permits issued hereunder are satisfied. Whenever possible, the City shall attempt to enter into voluntary agreements to resolve violations of this article, rules promulgated pursuant to this article, stormwater construction approvals and permits issued hereunder.

(Ord. No. 2412, 6-6-23)

118-447 Investigations, notices of violations, informal conferences, and voluntary agreements.

(a)    If the City believes that a violation of this article, a rule promulgated pursuant to this article, a stormwater construction approval or permit issued hereunder may have occurred or exists, the City shall, as soon as practicable, initiate an investigation.

(b)    Based upon the findings of the investigation, the City shall informally attempt to verbally counsel the permit holder or violator on proper methods of remediation.

(c)    If, after the investigation and informal attempt at obtaining compliance, the City determines that a violation still exists, the City shall provide written notice of the violation or violations to the permit holder or violator, such notice to be given by U.S. mail to the permit holder or violator at the address on file with the permit office or to the permit holder or violator by email to the email address on file with the permit office. A written notice of violation shall include a statement of facts upon which the violation is based.

(1)    Permit holder or violator shall have 14 days after notice of violation is given to enter into a consent agreement with the City that resolves or corrects the violation to the City’s satisfaction.

(2)    Within seven days after notice of violation is given, the permit holder or violator may request an informal conference be held within the 14-day period after notice of violation is given.

(3)    All notices hereunder shall be deemed given on the day of mailing (if by U.S. mail) or on the day of transmission (if by email).

(d)    The City shall provide an opportunity for permit holder or violator to enter into a voluntary agreement (consent agreement) designed to bring the permit holder or violator into compliance. If a consent agreement is not entered into, the City shall take appropriate enforcement action pursuant to this article and other applicable provisions of law.

(Ord. No. 2412, 6-6-23)

118-448 Administrative compliance orders.

(a)    If the City determines that a violation of this article, a rule promulgated pursuant to this article, a stormwater construction approval or permit issued hereunder has occurred or exists, the City may issue an administrative compliance order pursuant to this section.

(b)    Except as provided in section 118-449, the City may issue an administrative compliance order in the following circumstances:

(1)    The City determines that a person has violated a consent agreement entered with the City; or

(2)    The City determines that a person has violated or continues to violate this article, a rule promulgated pursuant to this article, a stormwater construction approval or permit issued hereunder, and the City has attempted to resolve the violation pursuant to section 118-447, but no consent agreement has been entered.

(c)    The administrative compliance order shall contain a statement of facts upon which the order is based, a description of the actions that must be taken to correct the noncompliance, a compliance schedule, and other requirements as might be reasonably necessary to address the noncompliance. Administrative compliance orders also may contain administrative fines and penalties, and such other monetary relief for the noncompliance, including without limitation, amounts necessary to compensate the City for costs incurred investigating, administering, and enforcing this article or rules promulgated hereto.

(d)    Within 28 days after the issuance of an administrative compliance order, the person or persons receiving the order may appeal the issuance of the order by providing notice to the Director of the City’s Department of Public Services or its designee, such notice specifically identifying the matter being appealed and the basis for the appeal. The Director shall address the appeal within 56 days of receiving the same. The Director shall consider the appeal and decide whereby it affirms, rejects, or modifies the action being appealed. In considering such appeal, the Director may consider the recommendations of its staff and the comments of other persons having knowledge of the matter. Any person dissatisfied with the Director’s decision may exercise his or her appeal rights outlined in division 9 of this article.

(Ord. No. 2412, 6-6-23)

118-449 Emergency administrative orders.

(a)    The City may issue an emergency administrative order (emergency order) without attempting to resolve a violation by using the enforcement procedures described in sections 118-447 and 118-448 if the City finds that a violation of this article, a rule promulgated pursuant to this article, or a stormwater construction approval issued hereunder constitutes or causes, or will constitute or cause, a substantial injury to the public health, safety, welfare, or the environment, and that it would be prejudicial to the interests of the people of the City to delay action.

(b)    Emergency orders issued pursuant to this section shall contain a statement of facts upon which the order is based and notification to the person that it must immediately take action to discontinue, abate, correct, or otherwise address the imminent and substantial injury caused or likely to be caused by the noncompliance.

(c)    Within seven days after issuance of an emergency order, the City shall provide the person an opportunity to be heard and to present any proof that the noncompliance does not or will not constitute imminent and substantial injury to the public health, safety, welfare, or the environment.

(d)    An emergency order issued pursuant to this section is effective on issuance and shall remain in effect until permit holder or violator remedies the condition which required the emergency order or until an order of the Oakland County Circuit Court is issued. To the extent the permit holder or violator does not remedy the condition, the City has the option of taking any action deemed necessary, in the City’s discretion, to remedy the condition and assess the costs associated with the same against the permit holder or violator, as outlined in section 118-450.

(Ord. No. 2412, 6-6-23)

118-450 Assessment of expenses and attorney fees.

To the extent the City is required to expend resources, including but not limited to expenses, labor, administrative time or attorney fees to enforce this or any other provision of this article, a rule promulgated pursuant to this article or a stormwater construction approval, the City shall be entitled to assess the same against the permit holder or violator and deduct or assess the same from any bond or other financial assurance.

(Ord. No. 2412, 6-6-23)

118-451 Municipal civil infractions.

(a)    Violation; Municipal Civil Infraction. A person who violates any provision of this article or rules promulgated hereunder, including without limitation any notice, order, stormwater construction approval, agreement, decision, or determination promulgated, issued, made, or entered by the City under this article or rules promulgated hereunder, is responsible for a municipal civil infraction for which the City may issue a citation, with the violator subject to payment of a civil fine of $1,000.00 for each infraction, plus costs and other sanctions outlined in this article or otherwise provided by law. The City may issue such infraction or infractions against individual members, shareholders, directors, managers, officers, or other officials of entities, incorporated or not, such as, but not limited to, limited liability companies, limited companies, S corporations, C corporations, partnerships, and limited liability partnerships, whether organized in the State of Michigan or another state or country. Nothing provided for in this section shall impede the City’s ability to secure compliance as otherwise outlined in this article or institute a civil action as provided by section 118-452 or elsewhere in this article, rules promulgated pursuant to this article or as otherwise provided by local or state law.

(b) Repeat Offenses; Increased Fines.

(1)    Increased fines may be imposed for repeat offenses. As used in this section, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this article or rule promulgated hereunder that is committed by a person within a 12-month period from a prior finding or admission of responsibility.

(2)    The increased fine for a repeat offense under this section shall be as follows:

a.    The fine for any offense that is a first repeat offense shall be not less than $2,500.00, plus costs.

b.    The fine for any offense that is a second repeat offense, or any subsequent repeat offense shall be not less than $5,000.00, plus costs.

(c)    Unpaid Fines and Costs. Any fines and costs assessed pursuant to this section that are not paid in full within 28 days after adjudication of the same, the outstanding balance shall double.

(d)    Authorized City Officials. The Director of the Department of Public Services or her or his respective designees and authorized representatives are authorized City Officials for purposes of issuing municipal civil infraction citations (directing alleged violators to appear in district court) for violations of this article.

(e)    Procedures. Except as otherwise provided by this section, the procedures for municipal civil infraction citation actions shall be as set forth in chapter 86, article X (Municipal Civil Infractions).

(f)    Remedy Not Exclusive. The City need not exhaust the remedies otherwise outlined in this article prior to issuing a municipal civil infraction citation, nor must the City exhaust any other remedies prior to issuing a municipal civil infraction.

(Ord. No. 2412, 6-6-23)

118-452 Civil actions.

The City, by and through Corporation Counsel or its designee, may bring a civil action in the name of the City to enforce the provisions of this article and rules promulgated pursuant to this article. Nothing in this article shall preclude the City from instituting an action for appropriate legal and/or equitable relief in Oakland County Circuit Court to restrain, correct, or abate a violation of this article, a rule or regulation promulgated pursuant to this article, or a stormwater construction approval issued hereunder; or to stop an illegal act; or to abate a nuisance; or to prevent pollution or flooding.

(Ord. No. 2412, 6-6-23)

118-453 Criminal penalties; imprisonment.

Any person who:

(a)    Violates this article, or any notice, order, stormwater construction approval, or decision or determination promulgated, issued or made by the City under this article; or

(b)    Intentionally makes a false statement, representation, or certification in any application for, or form pertaining to, a stormwater construction approval, or in any other correspondence or communication, written or oral, with the City regarding matters regulated by this article;

shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.

(Ord. No. 2412, 6-6-23)

118-454 Separate offenses.

Each act of violation, and each day that a violation of this article, rules or regulations promulgated pursuant to this article, stormwater construction approval, order, notice, or determination issued, made or entered into under this article is permitted to exist or occur, constitutes a separate offense and shall be punishable as provided by this article.

(Ord. No. 2412, 6-6-23)

118-455 Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under an applicable federal, state or local law and it is within the discretion of the City-authorized representatives to seek cumulative remedies.

(Ord. No. 2412, 6-6-23)

118-456—118-465 Reserved.

Division 9. Appeal

118-466 Appeal.

Any person whose legal rights, duties, or privileges are determined by the City pursuant to this article or a rule promulgated pursuant to this article, and who is aggrieved by the City’s determination, may file an action at the City of Pontiac Clerk’s Office to challenge the same no later than 28 days after such determination.

(Ord. No. 2412, 6-6-23)

118-467 Preemption.

If any section, clause, or provision of this chapter conflicts with any state law then the section, clause, or provision of state law shall be read to supersede the conflicting provisions of this chapter to the extent necessary to give the state law full force and effect.

(Ord. No. 2412, 6-6-23)