Chapter 15.20
POST-CONSTRUCTION RUNOFF CONTROL

Sections:

15.20.010    Title.

15.20.020    Purpose.

15.20.030    Definitions.

15.20.040    Engineering standards.

15.20.050    Permit required.

15.20.060    On-site stormwater drainage plan.

15.20.070    Maintenance responsibilities.

15.20.080    Maintenance agreement.

15.20.090    Falsifying information.

15.20.100    Notice of violation.

15.20.110    Abatement and/or repair of violation.

15.20.120    Emergency abatement.

15.20.130    Collection of costs.

15.20.140    Hearing request.

15.20.150    Hearing on notice of violation.

15.20.160    Hearing on final costs.

15.20.170    Lien record filing.

15.20.180    Penalties.

15.20.190    Enforcement.

15.20.200    Other remedies.

15.20.210    Fees.

15.20.010 Title.

This chapter shall be known as the post-construction runoff control ordinance of Marion County. [Ord. 1324 § 1, 2012.]

15.20.020 Purpose.

The purpose of this chapter is to reduce pollutants in and quantity of stormwater reaching waterways, wetlands, and the public storm drainage and surface water system generated after the completion of development improvements in a stormwater management area as defined by the Oregon Department of Environmental Quality. [Ord. 1324 § 2, 2012.]

15.20.030 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

“Applicant” means the owner of real property or the owner’s authorized agent. “Applicant” includes any person who would be required to obtain a Marion County land use or building permit or exemption approval, including persons who neglect or otherwise fail to do so.

“Authorized agent” means the developer, architect, contractor, engineer, builder, personal representative, or anyone designated by the owner to have control or supervision of a construction site.

“Construction site” means a location where a Marion County land use or building permit or exemption approval is required.

“Director” means the director of public works or the director’s designee.

“Emergency” has the same meaning as found in ORS 401.025.

“Exemption approval” means an exemption from the requirement to obtain a building permit for an agricultural building.

“Nonresidential development” means a development in which living units are not included or individual living units are not separately owned.

“Operations and maintenance manual” means a written document containing policies and procedures related to the operation, maintenance, repair and replacement requirements for all structural, vegetative, and management practices installed and relating to stormwater control systems for a development.

“Public storm drainage and surface water system” means natural or manmade drainage courses for the conveyance of surface water.

“Residential development” means a development in which individual living units are separately owned.

“Stormwater treatment facilities” means a storm collection and conveyance system, operated and maintained by the county or by a private property owner, located outside the building envelope which serves one or multiple building storm drains, catch basins, area drains, or other drainage facilities. [Ord. 1324 § 3, 2012.]

15.20.040 Engineering standards.

The stormwater quality treatment engineering standards (“the Marion County Stormwater Quality Treatment Engineering Standards”) shall specify exactly what kinds of permanent stormwater treatment facilities are required (if any) for a developed site. [Ord. 1324 § 4, 2012.]

15.20.050 Permit required.

A. The Marion County Stormwater Quality Treatment Engineering Standards shall establish under what circumstances an on-site stormwater drainage permit is required inside a stormwater management area. The permit shall require an applicant to install any applicable stormwater treatment facilities as required by the Marion County Stormwater Quality Treatment Engineering Standards in effect on the date of the applicant’s application for a Marion County land use or building permit or exemption approval.

B. The permit shall include an operation and maintenance manual. For commercial or residential development, the applicant shall prepare the manual. For a single-family residence with a stormwater treatment facility that serves the residence exclusively, the county shall supply the manual. [Ord. 1324 § 5, 2012.]

15.20.060 On-site stormwater drainage plan.

A. An on-site stormwater drainage plan is required for all on-site stormwater drainage permits. The plan must be submitted by the applicant and approved by the director for issuance of the on-site stormwater drainage permit, prior to the issuance of a Marion County land use or building permit or exemption approval and commencement of work at the construction site. The plan must contain protection techniques that will eliminate runoff siltation created after the completion of the development. Site-specific considerations shall be incorporated.

B. If landscaping is part of the stormwater treatment facilities, then the applicant must prepare and submit for approval with the on-site stormwater drainage plan a detailed plan for management of vegetation at the site after construction, which shall be attached to the maintenance agreement and the operations and maintenance manual. The plan shall include a description of what practices will be employed to ensure that adequate vegetation cover is preserved.

C. The department of public works shall perform at least one inspection of stormwater treatment facilities required under an on-site stormwater drainage permit during installation to ensure compliance with this chapter and the permit. The department of public works shall perform at least one inspection of stormwater treatment facilities required under an on-site stormwater drainage permit shortly after completion of installation to ensure compliance with this chapter and the permit. [Ord. 1324 § 6, 2012.]

15.20.070 Maintenance responsibilities.

A. Unless otherwise approved by the county, Marion County shall maintain stormwater treatment facilities serving residential development or public rights-of-way created pursuant to a development application submitted after the effective date of the ordinance codified in this chapter. Marion County shall not maintain stormwater treatment facilities which serve a single-family residence exclusively.

B. The owner of property containing stormwater treatment facilities maintained by Marion County pursuant to subsection (A) of this section shall execute a surface and stormwater management easement and a stormwater treatment facility access easement to Marion County in a form sufficient to the county.

C. Unless otherwise approved by the county, the applicant for a development creating multiple parcels intended for separate ownership shall enclose the stormwater treatment facilities maintained by Marion County pursuant to subsection (A) of this section in a separate tract, if doing so is consistent with the minimum lot size standards for the applicable zone. [Ord. 1324 § 7, 2012.]

15.20.080 Maintenance agreement.

A. An applicant for a nonresidential development or a single-family residence with a stormwater treatment facility that serves the residence exclusively which is required to obtain an on-site stormwater drainage permit shall execute a maintenance agreement in a form acceptable to Marion County to ensure that the stormwater treatment facilities function consistently with the Marion County stormwater quality treatment engineering standards in effect on the date of the applicant’s application for a Marion County land use or building permit or exemption approval. This agreement will:

1. Authorize Marion County public works staff to access the stormwater treatment facilities at the site for the purpose of inspection to ensure continued compliance with the Marion County engineering design standards in effect on the date of the applicant’s application for a Marion County land use or building permit or exemption approval.

2. For a nonresidential development, require the current owner to have an operations and maintenance manual available on site at all times. The current owner shall keep a record of maintenance and repairs for the last five years, which shall be available for inspection at a reasonable time and in a reasonable manner by Marion County public works staff.

3. Expressly run with the land and be binding on applicant’s successors and assigns.

4. Authorize Marion County public works staff to enter the subject property in order to make any repairs necessary, at the owner’s expense, to restore the stormwater treatment facilities at the site to a condition consistent with the Marion County stormwater quality treatment engineering standards in effect on the date of the applicant’s application for a Marion County land use or building permit or exemption approval in the event that the present condition of the stormwater treatment facilities poses an imminent threat to the public health, safety, or welfare.

B. After an applicant executes a maintenance agreement, the applicant shall record the maintenance agreement in the Marion County real property deed records.

C. Any violation of an executed maintenance agreement shall constitute a violation of this chapter. [Ord. 1324 § 8, 2012.]

15.20.090 Falsifying information.

No person shall knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter. [Ord. 1324 § 9, 2012.]

15.20.100 Notice of violation.

A. Whenever the director finds that a condition exists on an owner’s property that constitutes a violation of this chapter, the director may order compliance by written notice of violation to the property owner. The notice may require without limitation:

1. The performance of monitoring, analyses, and reporting;

2. The maintenance of vegetation;

3. The cessation of all violating discharges, practices, or operations;

4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

5. The implementation of source control or treatment best management practices directed by the director.

B. The notice shall:

1. Describe the property by street address or tax lot number;

2. Describe the nature of the violation;

3. State by a date certain when the property owner must correct the violation in a manner acceptable to the director;

4. Inform the owner that if the violation is not corrected the county shall either complete the repairs, seek to compel abatement or cite the owner, as appropriate;

5. Inform the property owner that if the county performs the necessary abatement or repairs, the county will bill the property owner for the costs;

6. Include an estimate of the costs anticipated for the county to abate or repair the violation;

7. Inform the property owner that failure to pay the county for its costs to correct the violation may result in filing of a lien on the property;

8. Inform the property owner of the rights spelled out in MCC 15.20.140 and 15.20.150, including the right to a hearing, and individuals the property owner may contact for additional information.

C. The notice shall be served on the property owner by personal service consistent with ORCP 7D(2)(a).

D. If a stormwater treatment facility is maintained by the county pursuant to MCC 15.20.070, the owner is not responsible for violations of this chapter other than violations caused by the owner. [Ord. 1324 § 10, 2012.]

15.20.110 Abatement and/or repair of violation.

If the property owner has not corrected the violation as directed within the time allowed in the notice given pursuant to MCC 15.20.100, the director may take all measures necessary to abate the violation and/or restore the property. The director or persons authorized by the director may enter upon property to abate and/or restore the property upon obtaining consent of the property owner or through a court-issued warrant. [Ord. 1324 § 11, 2012.]

15.20.120 Emergency abatement.

The director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. The director or persons authorized by the director may enter upon property to abate and/or restore the property upon obtaining consent of the property owner or through a court-issued warrant. [Ord. 1324 § 12, 2012.]

15.20.130 Collection of costs.

A. The county may collect all costs associated with the repair or abatement of a violation, or both, from the property owner.

B. The county shall keep detailed records of all costs associated with the abatement or repair due to a violation of this chapter.

C. Upon completion of the abatement or repair of the violation by the county, a notice of final costs shall be served on the owner by personal service consistent with ORCP 7D(2)(a). Payment must be made within 30 days from the date of the notice of final costs. The notice must contain the following:

1. The total cost of repair or abatement, or both;

2. A statement that the total cost may be filed as a lien with the county clerk unless paid within 60 days from the date of the hearings officer’s order described in MCC 15.20.160; and

3. A statement that the owner may contest the charges at a hearing that will be scheduled on the matter pursuant to MCC 15.20.160. [Ord. 1324 § 13, 2012.]

15.20.140 Hearing request.

A property owner who is served with a notice of violation as described in MCC 15.20.100 may request a hearing before the Marion County hearings officer. Hearing requests must be filed in writing with the Marion County hearings officer within five business days from the date the notice was served. [Ord. 1324 § 14, 2012.]

15.20.150 Hearing on notice of violation.

A. Upon receiving a written request for a hearing pursuant to MCC 15.20.140, the hearings officer shall set a time and place for a hearing that shall be no more than seven days from the date of filing of the hearing request, or as soon as practicable. The hearings officer shall notify the person requesting a hearing of the time and date of the hearing. The director shall appear and present evidence pertinent to the alleged violation and its abatement or repair. The owner of the property may also present evidence before the hearings officer pertinent to the alleged violation and its abatement or repair. The county shall have the burden of proving by a preponderance of the evidence that a violation exists and must be abated or repaired.

B. Failure of the person requesting hearing to appear shall constitute a waiver of the right to present evidence at the hearing or thereafter.

C. After the hearing, the hearings officer shall issue an order containing findings as to whether the alleged violation does in fact exist, the extent to which the violation exists and (if abatement or repair is required) shall set a date for abatement or repair to be accomplished by the owner. The hearings officer’s order shall be issued within 10 days of the date of the hearing or as soon as practicable.

D. The decision of the hearings officer is final. Appeal shall be only by writ of review under ORS Chapter 34. [Ord. 1324 § 15, 2012.]

15.20.160 Hearing on final costs.

A. At the time the notice of final costs is sent to the property owner as described in MCC 15.20.130, a copy shall also be sent to the hearings officer. The hearings officer shall set a time and place for a hearing that shall be no more than seven days from the date of receipt of the notice of final costs by the hearings officer, or as soon as practicable. The hearings officer shall notify the property owner and the director of the time and date of the hearing. The only issue at the hearing shall be the reasonableness of the cost of abatement or repairs.

B. Failure of the property owner to appear shall constitute a waiver of the right to present evidence at the hearing or thereafter.

C. After the hearing, the hearings officer shall issue an order within 10 days of the date of the hearing, or as soon as practicable, detailing the amount of the final costs that the owner must pay, if any. The hearings officer’s order shall also indicate that the final costs must be paid within 30 days and if they are not paid within 60 days the county may record a lien in the county clerk lien record.

D. The hearings officer’s order of determination shall be final and binding. Appeal shall be only by writ of review under ORS Chapter 34. [Ord. 1324 § 16, 2012.]

15.20.170 Lien record filing.

If final costs are not paid within 60 days of the hearings officer’s order requiring payment of final costs, the enforcement officer shall record a lien with the Marion County clerk or any other county clerk of this state. The total amount of final costs shall be recorded as a lien in the county clerk lien record. The lien provided for herein shall be foreclosed in the manner prescribed by state law for the enforcement of liens. Nothing in this section precludes the county from taking other action to collect the final costs. [Ord. 1324 § 17, 2012.]

15.20.180 Penalties.

A. Any person who is cited for a violation of this chapter shall be subject to a fine of not more than $500.00 for a noncontinuing violation and a fine of not more than $1,000 for a continuing violation.

B. Each day that this chapter is violated shall constitute a separate violation. [Ord. 1324 § 18, 2012.]

15.20.190 Enforcement.

The provisions of this chapter are enforceable pursuant to Chapter 1.25 MCC. [Ord. 1324 § 19, 2012.]

15.20.200 Other remedies.

The provisions of this chapter are in addition to and not in lieu of any other procedures and remedies provided by law including equitable relief and damages. [Ord. 1324 § 20, 2012.]

15.20.210 Fees.

The board of commissioners may adopt fees necessary to support the stormwater program by board order. [Ord. 1324 § 21, 2012.]