Chapter 18.04
STORM WATER AND DRAINAGE CONTROL CODE

Sections:

18.04.010    Title – Codification.

18.04.020    Intent.

18.04.030    Authority.

18.04.040    Permits required.

18.04.050    City/user responsibility.

18.04.060    Inspection – Powers and authority.

18.04.070    Drainage plan – Review and approval.

18.04.080    Additions, betterments, extensions – Compliance with comprehensive storm water plan.

18.04.090    Additions, betterments, extensions – Financing.

18.04.100    Additions, betterments, extensions – Procedure.

18.04.110    Additions, betterments, extensions – Construction.

18.04.120    Additions, betterments, extensions – Maintenance.

18.04.130    Repealed.

18.04.140    Additions, betterments, extensions – Oversizing.

18.04.150    Trees and shrubbery – Species prohibited – Removal procedure.

18.04.160    Assumption of maintenance by city of facilities on public property.

18.04.170    Storm drainage side sewer – Permit required.

18.04.180    On-site systems – Permit required.

18.04.190    Storm drainage side sewer permit fees.

18.04.200    Storm drainage side sewer inspection.

18.04.210    Storm drainage side sewer “as-built.”

18.04.220    Storm drainage side sewer – Elevation to prevent backups.

18.04.230    Storm drainage side sewer – Connection to more than four buildings.

18.04.240    Storm drainage side sewer – Shared storm side sewer.

18.04.250    Storm drainage side sewer – Special conditions.

18.04.260    Prohibited acts.

18.04.270    General maintenance requirements.

18.04.280    Comprehensive storm drainage plan – Adoption.

18.04.290    Jurisdiction.

18.04.330    Storm drain system facility charge – Computation – Collection.

18.04.400    Prohibition of illicit connections.

18.04.500    Enforcement and inspections.

18.04.600    Stop work order.

18.04.010 Title – Codification.

This code shall be referred to as the Bothell storm water and drainage control code and shall be codified as Chapter 18.04 BMC. References throughout this chapter to the city’s storm drainage system, storm drain system, storm sewer system, or the like shall be deemed references to the storm and surface water utility of the city. (Ord. 2142 § 5, 2014; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996; Ord. 843 § 1, 1977).

18.04.020 Intent.

The city council finds that the ordinance codified in this chapter is necessary in order to minimize water quality degradation by preventing the siltation of the city’s creeks, streams, rivers, lakes, and other water bodies; to protect property owners adjacent to developing land from increased runoff rates which could cause flooding and erosion of abutting property; to promote sound development policies which respect and preserve the city’s watercourses; to ensure the safety of city roads and rights-of-way; and to decrease surface water damage to public and private property. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996; Ord. 843 § 1, 1977).

18.04.030 Authority.

This code constitutes an exercise of the police power of the city to promote the public health, safety and welfare and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.040 Permits required.

No person shall make any additions, betterments or extensions to the existing storm drainage system without first obtaining a permit to do so. The following permits apply to grading, excavating, and storm drainage system work:

A.    ROW Permit. A right-of-way invasion permit shall be required whenever storm drainage system additions, betterments or extensions are made within the street right-of-way or a public easement.

B.    Storm Drainage Side Sewer Permit. A storm drainage side sewer permit shall be required for the construction of any storm drainage side sewer or on-site storm drainage system.

C.    Grading Permit. A grading permit shall be required whenever grading activities are performed.

D.    A right-of-way invasion permit, storm drainage side sewer permit and grading permit shall expire two years from the date of issuance; except that permits issued through December 31, 2011, shall expire four years from the date of issuance. The director is authorized to approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.

E.    Every permit which has been expired for less than one year may be renewed for a period of one year for an additional fee, based on the valuation of the work remaining, as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than one year, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once.

Exemption from the permit requirements of this title shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the BMC or the BSWDM. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.050 City/user responsibility.

The city shall use reasonable diligence and care to maintain free flow of storm water and to avoid any interruption in service. The use of the storm drainage side sewer on the premises of the user shall be at the risk of the user, and the responsibility and the liability of the city shall cease at the connection of the storm drainage side sewer to the main or catchbasin. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.060 Inspection – Powers and authority.

The public works director bearing proper credentials and identification shall be permitted, during city business hours, to enter property to which storm sewer service is being supplied by the city for the purpose of inspecting the condition of exterior connections to the city system and related apparatus. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.070 Drainage plan – Review and approval.

All persons applying for any development permit and/or approvals shall submit for approval a drainage plan with their application and/or request in accordance with the BSWDM, except for applications for the following permits:

Administrative Interpretations

Plumbing Permit

Sign Permit

Electrical Permit

Street Vacation

Mechanical Permit

Demolition Permit

Sewer Connection Permit

Street Use Permit

Utility Permit (waste, sewer, storm)

Interior Alterations with no change of use

Water Meter Permit

Right-of-Way Invasion Permit

Hydrant Use Permit

Single-Family Remodeling with no change of use

Side Storm Sewer Connection

Single-Family Building Permit not associated with
any subdivision

 

(Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.080 Additions, betterments, extensions – Compliance with comprehensive storm water plan.

Additions, betterments and extensions to the existing storm drainage system of the city shall be made in accordance with the storm drainage comprehensive plan and Bothell Standards adopted by the city council and shall require a permit. The fee for said permit shall be as established by resolution of the city. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.090 Additions, betterments, extensions – Financing.

The cost of making additions, betterments and extensions to the existing storm drainage system may be paid from such sources and by such means as the city council from time to time may direct, in accordance with the provisions of the laws of the state as the same now exist or as they may hereafter be amended. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.100 Additions, betterments, extensions – Procedure.

No additions, betterments or extensions to the storm drainage system shall be made unless complete plans are drawn in accordance with the comprehensive storm water plan and the Bothell Standards and have been approved by the director of public works and a permit has been issued. The procedure includes:

A.    The proposed addition, betterment or extension shall be designed by a licensed professional engineer.

B.    The applicant must obtain a permit prior to the commencement of any work.

C.    The developer shall pay all costs and fees including but not limited to engineering review, inspection of construction, permit fees and legal costs. A deposit, including but not limited to estimated engineering, inspection and legal costs, shall be posted with the department of public works upon submittal of the construction drawings. Any cost differential between the estimated and the actual cost incurred shall be paid to the city upon demand. If the deposit is more than the actual cost incurred, the city shall refund any unused portion to the developer.

D.    A performance bond, in a form approved by the city attorney, and written by a surety authorized to do business in the state, shall be provided prior to the issuance of the permit.

E.    If any work is to be performed in the public right-of-way, an appropriate right-of-way invasion permit must be obtained and a surety bond and insurance must be provided to the city. The insurance type and amount shall be specified by the director of public works. The insurance shall name the city as an additional insured, shall be primary to any other insurance available to the city and shall not be cancelable without 30 days’ prior written notice to the city. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.110 Additions, betterments, extensions – Construction.

All additions, betterments and extensions shall be designed and constructed to comply with Bothell Standards. The developer shall, before city acceptance of the construction, convey the same to the city, in a form satisfactory to the city. Such conveyance shall contain the owner’s warranty of good title and the right to convey the same free and clear of all claims or other encumbrances and a warranty that the facilities as constructed are of the type, character and construction per plans, functioning and operating as an integral part of the storm drainage system. In the event any portion of such construction is situated on private property, the developer shall be required to procure private easements, fully executed and acknowledged, in a form satisfactory to the city. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.120 Additions, betterments, extensions – Maintenance.

Prior to release of any construction bond or surety, the developer shall covenant to replace, repair or correct any defect in workmanship or materials in the conveyed facilities that shall occur or otherwise arise during a period of two years following date of acceptance by the city, and shall provide a bond to secure the covenant. The applicant shall further waive and release the city from any and all future claims for damages on behalf of himself and his successors in interest which may be suffered by reason of connection to the water system. The bond shall be in a form acceptable to the city attorney. (Ord. 2023 § 1 (Exh. A), 2009).

18.04.130 Additions, betterments, extensions – Reimbursement contracts.

Repealed by Ord. 2199. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.140 Additions, betterments, extensions – Oversizing.

Storm drainage mains to be installed by developers shall be oversized at the request of the city if the storm drainage comprehensive plan calls for a larger main than is needed for service to the property being developed. The city shall enter into a reimbursement agreement to pay for the oversizing. The developer shall provide the city an itemized accounting of construction costs for the storm drainage main extension constructed, together with an estimated cost of pipe and other materials of the size which would serve the development. The developer shall also provide certification that all material and labor charges have been paid. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.150 Trees and shrubbery – Species prohibited – Removal procedure.

It is unlawful to plant willow, poplar, cottonwood, soft maples, gum or any other tree or any shrub whose roots are likely to obstruct public or private storm drainage main or facility within 30 feet of the main or facility. The public works director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs which extend from any public or private storm mains or facilities; provided, however, that he shall give 10 days’ notice in writing to the owner or occupant of the abutting property to remove the same. If such owner or occupant fails or refuses to do so, the reasonable cost of such removal when done by the city shall be a lien upon the abutting property from which such trees or shrubs are removed. The city attorney is authorized, empowered and directed to collect such charge by suit maintained in the name of the city as plaintiff, in any court of competent jurisdiction. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.160 Assumption of maintenance by city of facilities on public property.

The city is authorized to assume the maintenance of storm drainage facilities in public property or in public rights-of-way after the expiration of the two-year maintenance period in connection with the subdivision of land if:

A.    All of the requirements of the drainage plan per BMC 18.04.070 have been fully complied with;

B.    The facilities have been inspected and approved in accordance with the BSWDM;

C.    The cash or surety bonds required in BMC 18.04.100, Additions, betterments, extensions – Procedure, shall have been extended for one year, covering the city’s first year of maintenance; and

D.    All necessary easements entitling the city to properly maintain the facility have been conveyed to the city and recorded with the county auditor. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996; Ord. 843 § 9, 1977).

18.04.170 Storm drainage side sewer – Permit required.

It is unlawful for any person to make an opening in any public storm main or side sewer, or to connect or disconnect any private storm drain or side sewer therewith, or to lay, repair, alter or construct any storm drain to be connected to or disconnected from a public storm drain unless such person has first obtained a storm drainage side sewer permit from the public works director. Upon approval of plans and specifications and upon payment of all fees and charges, including connection charges, assessments, if any, and upon provision of an approved surety bond, if required, the public works director shall issue a permit to perform the work. The public works director shall have the right and is authorized to refuse to issue a permit to any person or contractor where reasonable grounds exist upon which to conclude that such person may refuse to or be unable to comply with the provisions of this code. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.180 On-site systems – Permit required.

No person shall install an on-site storm system without first obtaining a permit for such installation from the department of public works. The fee for said permit shall be as established by resolution of the city. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.190 Storm drainage side sewer permit fees.

Connection of a storm drainage side sewer to a city main shall be by a licensed contractor or the homeowner. A storm drainage side sewer permit shall be procured prior to any work being accomplished. In addition to any other fees and charges payable, the permit fee shall be as established by resolution of the city. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.200 Storm drainage side sewer inspection.

It is unlawful for any person to cover or backfill any storm drainage side sewer, private storm sewer or lateral without having called for and received an inspection, testing and approval by the public works director. The applicant shall notify the public works department and request an inspection at least 24 hours before the scheduled inspection. The storm drainage side sewer permit shall be available on site at the time of the inspection. The permit fee shall include the cost of inspection except for the following:

A.    Inspections during hours other than public works business hours;

B.    Inspections requested by a contractor during storm side sewer installation requiring deep cuts, extremely wet soil conditions or when backfill is placed on pipe prior to test;

C.    Call back resulting from poor workmanship or failure to comply with the code. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.210 Storm drainage side sewer “as-built.”

A.    At the time of inspection, it shall be required that an as-built drawing of the side sewer be prepared. The as-built drawing shall show at least the following:

1.    Property boundaries, with dimensions and indicating north direction and abutting street(s);

2.    Location and scale size of existing buildings;

3.    Course of the storm drainage side sewer, its connection with the building(s) and all dimensions;

4.    Any additional information as may be deemed pertinent.

B.    The director of public works shall permanently retain a copy of all storm drainage side sewer as-builts on file with the department. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.220 Storm drainage side sewer – Elevation to prevent backups.

Whenever a situation exists involving an unusual danger of backups from the public storm drain, the director of public works may prescribe a minimum elevation at which a storm drainage side sewer may be discharged to the public system. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.230 Storm drainage side sewer – Connection to more than four buildings.

More than four buildings may be connected to a single storm drainage side sewer only upon approval of the director of public works. Plans setting forth the complete layout and specifications of the proposal, prepared by a registered professional engineer, shall be submitted to the city for approval. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.240 Storm drainage side sewer – Shared storm side sewer.

A.    If a storm drainage side sewer, in the public right-of-way, belonging to another property owner is to be used, written permission from the property owner for such use must accompany the storm drainage side sewer application.

B.    When two or more structures, not in common ownership, are to be connected on one storm drainage side sewer, easements running with the land must be executed and recorded with the county auditor (department of records and elections). The easements shall be approved as to form by the city attorney and shall ensure that all properties involved shall have perpetual use of the storm drainage side sewer and shall contain provisions for joint responsibility for costs of maintenance, repair and access, and shall be signed by the owners of the properties subject to the easements. The easement shall be acknowledged and must be recorded by the property owners with the county auditor (department of records and elections) before a permit shall be issued for construction. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.250 Storm drainage side sewer – Special conditions.

Where physical conditions render compliance with the conditions of this code governing storm drainage side sewer installation impracticable, the public works director may issue a special permit for installation of a storm drainage side sewer requiring compliance with the provisions insofar as is reasonably possible, but such permit shall be issued only upon condition that the property owner execute and deliver to the city an instrument in form furnished by the city agreeing to save harmless and indemnify the city for any damage or injury resulting from special permit conditions. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.260 Prohibited acts.

It shall be prohibited and in violation of this chapter for any person or entity to:

A.    Throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system and/or surface and ground waters any materials other than storm water. Examples of prohibited contaminants include but are not limited to the following:

1.    Trash or debris.

2.    Construction materials.

3.    Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.

4.    Antifreeze and other automotive products.

5.    Metals in either particulate or dissolved form.

6.    Flammable or explosive materials.

7.    Radioactive material.

8.    Batteries.

9.    Acids, alkalis, or bases.

10.    Paints, stains, resins, lacquers, or varnishes.

11.    Degreasers and/or solvents.

12.    Drain cleaners.

13.    Pesticides, herbicides, or fertilizers.

14.    Steam cleaning wasters.

15.    Soaps, detergents, or ammonia.

16.    Swimming pool or spa filter backwash.

17.    Chlorine, bromine, or other disinfectants.

18.    Heated water.

19.    Domestic animal wasters.

20.    Sewage.

21.    Recreational vehicle waste.

22.    Animal carcasses but not those naturally occurring from natural causes such as salmon, deer, raccoon, birds, or other native species.

23.    Food wasters.

24.    Bark and other fibrous materials.

25.    Lawn clippings, leaves, or branches from landscaping activities.

26.    Silt, sediment, concrete, cement or gravel.

27.    Dyes.

28.    Chemicals not normally found in uncontaminated waters.

29.    Any other process-associated discharge except as otherwise allowed in this section.

30.    Any hazardous material or waste not listed above.

a.    Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:

(1)    Diverted stream flows.

(2)    Rising ground waters.

(3)    Uncontaminated ground water infiltration – as defined in 40 CFR 35.2005 (20).

(4)    Uncontaminated pumped ground water.

(5)    Foundation drains.

(6)    Air conditioning condensation.

(7)    Irrigation water from agricultural sources that is commingled with urban storm water.

(8)    Springs.

(9)    Uncontaminated water from crawl space pumps.

(10)    Footing drains.

(11)    Flows from riparian habitats and wetlands.

(12)    Discharges from emergency firefighting activities in accordance with current authorized discharges as described in the Western Washington Phase II municipal storm water permit, Chapter 90.48 RCW, the Water Pollution Control Act.

b.    Conditional Discharges. The following discharges shall not be considered illegal discharges for the purposes of the chapter if they meet the stated conditions or unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:

(1)    Potable water including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 parts per million or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the storm water system;

(2)    Lawn watering and other irrigation runoff are permitted but shall be minimized by reasonable city efforts to provide public education and water conservation efforts;

(3)    De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 parts per million or less, pH-adjusted, and re-oxygenated if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the storm water system. These discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the surface and storm water management system;

(4)    Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;

(5)    Non-storm water discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system;

(6)    Other non-storm water discharges. The discharges shall be in compliance with the requirements of a storm water pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying all known and reasonable technology (AKART) to prevent contaminants from entering surface or ground water:

B.    Cause or permit pollutants to enter any private drainage system which drains directly or indirectly into a private drainage system, or into the public drainage system;

C.    Cause any damage to any drainage facilities or a private drainage system or the public drainage system;

D.    Cause or permit horses, cattle, or other domestic animals to enter any watercourses or wetlands that are part of the drainage system of the city, except those permitted by the Washington State Department of Ecology. Storm water for stables, pastures, kennels, and other animal enclosures shall be treated with all reasonable BMPs for water quality protection so as to prevent polluted drainage waters from entering the drainage system of the city;

E.    Cause or permit clearing, grading, or other land surface changes to take place in such a way as to allow drainage from the site to carry any suspended or dissolved matter into the drainage system of the city without first treating the drainage with all reasonable BMPs;

F.    Cause or permit any work that would result in the transmission of silt, pollution materials, or other foreign substances from one part of the drainage system to another, without first treating the drainage with all reasonable BMPs;

G.    Discharge any water or in any way cause the temperature of the water discharged from the property to exceed by more than five degrees Fahrenheit the temperature of the nearest receiving body of waters, by the time it reaches the receiving body of waters;

H.    Introduce into the drainage system any liquid or solid foreign substances which shall cause the water quality to degrade from the water quality standards of the receiving body of waters;

I.    Place obstructions of any kind which would prohibit the free passage of fish, in channels which may contain fish now, or with improvements could contain fish in the future, unless approved by the director or through the hydraulic project approval (HPA) process;

J.    Release any illicit discharge other than those authorized by a National Pollutant Discharge Elimination System (NPDES);

K.    Abatement – Discharge of Pollutants – Liability for Expenses Incurred by the City.

1.    Any person responsible for a pollutant discharge into the surface waters or storm water system shall be responsible for the costs and expenses incurred by the city in carrying out any pollutant abatement or restoration procedures, including the collection, removal, containment, treatment or disposal of pollutant materials, and including all personnel, legal and other costs and expenses. (Ord. 2225 § 1, 2017; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.270 General maintenance requirements.

A.    Duty to Maintain.

1.    The property owner, or facility owner as identified by means of an easement or other like document, shall maintain, repair, restore or replace, at the owner’s expense, all private storm water and drainage systems located on the owner’s property or for which the person is the owner.

2.    No person shall cause or permit any drainage system to be obstructed, filled, graded, or used for disposal of debris.

3.    All storm drainage facilities shall be maintained in accordance to the standards as set forth in the BSWDM. The owner of facilities shall be required to maintain these facilities in a clean condition at least annually, and in conformance with the approved design. These facilities shall be subject to an annual inspection by the director or his/her delegate, and any and all deficiencies noted in writing through an order to maintain. The owner shall respond to the order to maintain within 30 calendar days of written notice. Unless an appeal is filed with the director, the order to maintain shall become final after 30 calendar days of written notice. The owner shall correct all deficiencies with the time established in the order to maintain.

4.    Failure to comply with the requirements of this section shall be subject to the civil penalties described in BMC 11.20.010. (Ord. 2225 § 2, 2017; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.280 Comprehensive storm drainage plan – Adoption.

The city comprehensive storm water master plan dated June 1994, updated by the Bothell Storm and Surface Water Master Plan Update 2015, is adopted and incorporated herein by reference. (Ord. 2179 § 1, 2015; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.290 Jurisdiction.

All of the real property within the limits of the city is included within the plan and BWSDM and any supplements or amendments thereto. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996; Ord. 980 § 1, 1980; Ord. 680 § 2, 1973).

18.04.330 Storm drain system facility charge – Computation – Collection.

Repealed by Ord. 1662. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).

18.04.400 Prohibition of illicit connections.

A.    The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.

B.    This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

C.    A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the city’s storm water system, or allows such a connection to continue. (Ord. 2023 § 1 (Exh. A), 2009).

18.04.500 Enforcement and inspections.

A.    Enforcement. The director or his/her designee shall enforce violations of this code, as provided for in Chapter 11.20 BMC, Enforcement. The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.

B.    Inspections.

1.    Authority. The director or his/her designee is authorized to gain access to private property, make such inspections of drainage facilities, and take such actions as may be required to enforce the provisions of this chapter.

2.    Procedures for Entry to Private Property. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities or whenever the director or his/her designee has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director or his/her designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director or his/her designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If, after reasonable effort, the inspector is unable to locate the owner or other person having charge or control of the premises or portion thereof, and has reason to believe the condition of the storm water system creates an imminent hazard, the inspector may enter.

3.    Property Owner’s Responsibility to Provide and Maintain Access to Drainage Facilities. Proper ingress and egress to any storm water facility shall be provided to the director to inspect, monitor or perform any duty imposed upon the director by this chapter. The director shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall thereby be imposed on the person holding title to the subject property.

4.    Orders.

a.    Authority. The director is authorized to issue to an owner or persons representing an owner an order to maintain or repair a component of a drainage facility to bring it into compliance with this chapter.

b.    Procedure. The order shall include:

(1)    A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

(2)    A notice that the violation or the potential violation cease and desist and the specific corrective action to be taken;

(3)    A reasonable time to comply, depending on the circumstances;

(4)    Penalties that may be incurred by any owner of a storm water system not in compliance with this chapter; and

(5)    Any required structural repairs to a drainage facility are subject to approval by the director.

5.    Penalties for Violations.

a.    Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the director shall be subject to the civil and criminal penalties provided in Chapter 11.20 BMC, Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.

b.    Reinspection Fees. In addition to criminal and civil penalties, the director may impose a reinspection fee for any account or storm drainage facility found not to be in compliance of this chapter. The inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter. (Ord. 2225 § 3, 2017; Ord. 2023 § 1 (Exh. A), 2009).

18.04.600 Stop work order.

In the event the director finds any person engaged in construction for the purpose of making a connection to a public storm drain system without a permit, the director shall immediately notify such person to stop work. If such work is not immediately stopped, the public works director shall issue a stop work order and no further work shall be done until the person has complied with all the rules and regulations of the city. (Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).