Section 1101 The Council designated Stormwater Management Board Power to Construct Facilities, etc.

The Council of the City of Takoma Park is designated as the Stormwater Management Board for Takoma Park and may establish such rules and procedures as it deems necessary for its operation. The Board shall enact a budget; shall be vested with all rights and powers necessary for the collection and disposal of storm waters in the City; and shall have the power to implement stormwater management programs. The City Manager shall be responsible to the Board for the proper execution and administration of the City’s stormwater management operation. The City Manager shall construct, maintain, reconstruct, enlarge, alter, repair, improve, or dispose of all excessive parts, and oversee the daily operation of the City’s stormwater management operation.

Section 1102 Powers relating to Stormwater Management

The City shall have the power to implement stormwater management programs, including the following:

(a)    Reviewing stormwater management plans;

(b)    Inspection and enforcement activities;

(c)    Planning, design, land acquisition, and construction of stormwater management systems and structures;

(d)    Retrofitting developed areas for pollution control;

(e)    Water quality monitoring and water quality programs as required by the Maryland Department of the Environment (MDE);

(f)    Operation and maintenance of facilities; and

(g)    Program development of these activities.

Section 1103 Additional Powers

The Board shall have full control over the said storm water systems, with authority to employ or designate such officials, superintendents, employees, or agents as may be necessary or proper to carry on the same, and to purchase all supplies and materials needed in constructing, operating maintaining, or conducting the same, and also to provide rules and regulations for the construction, operation and maintenance of said systems.

Section 1104 Title to Property: Purchase and Condemnation of Property

The title to said plants and systems, and all lands, estates, waterways, conduit pipes, buildings, structures, machinery and all other parts thereof whatever, and all property belonging and pertaining thereto shall, when completed or acquired, vest in the City. The City is hereby authorized and empowered to acquire by purchase, gift, bequest, devise, lease, or eminent domain, in accordance with the procedure provided in the Charter and in the Annotated Code of Maryland, any land, or property situated wholly or partly in the City of Takoma Park, or any interest, franchise, easement, rights or privileges therein which may be required for the purpose of constructing, establishing and maintaining said plants and systems or extensions thereof.

Section 1105 Stormwater Management Bonds

The Board is authorized and empowered to borrow money in such amounts and from time to time as may be necessary to carry out the powers set forth in this Article and to evidence such borrowing by the issue and sale of its bonds as authorized and in the manner prescribed by Article IX, Section 823 of the Charter of Takoma Park, or as may be otherwise permitted by law. Nothing contained in this section shall be deemed or construed to impair the terms and conditions of any bonds, notes or other obligations of the City issued prior to the effective date of this section.

Section 1106 Annual Levy for Maintenance: Service Charges

The Board is hereby empowered to provide by ordinance for raising sufficient annual revenue to provide for the construction, maintenance, operations and repair of its said storm water management facilities, structures, and systems, and for stormwater management programs. In addition to its power to levy an ad valorem tax on the assessable property within the corporate limits of said City, it shall have the power to charge and collect such service rates, stormwater utility fees, and user charges for stormwater management programs and the maintenance, repair, and improvement of the stormwater system. All such charges shall be a lien on the property for which the tax, fee, or charge is imposed, collectible in the same manner as annual municipal taxes or by suit at law.

Section 1107 Adjustment; Removal of Private Facilities; Enforcement; Penalties

All individuals corporations and other entities having buildings, structures, works, conduits, mains, pipes, tracks or other physical obstructions in, over or under the streets, alleys, highways or any public way in the City, which shall block or impede the progress of storm water and surface water management system, facilities or drainage systems, shall, upon reasonable notice from the City, properly so shift, adjust, accommodate or remove the same at their own cost and expense, as to meet fully the exigencies occasioning such notice; and if any such individual, corporation or other entity shall refuse, neglect or fail, after such reasonable notice, to discharge any duty imposed by this section, said individuals, corporations or other entities shall, in addition to but not in substitution for any other remedy or remedies, be charged with a municipal infraction offense and prosecuted in accordance with the provisions of state law.

Section 1108 Placing Public Service Structures

Any public service corporation, company, or individual, before beginning any construction of, or placing of, or changing the location of any main, conduit, pipe or other structure in the public ways of the City, shall obtain written approval upon such conditions and subject to such limitations as may be imposed by the Board or officers acting on its authority from the City Manager or his/her designee. Any public service corporation, company, or individual violating the provisions of this section may be charged with a Class misdemeanor or a Class A municipal infraction offense. If any unauthorized main, conduit, pipe, or other structure interferes with the operation of the storm water systems, the City Manager or his/her designee may order it removed.

Section 1109 Compelling Connections, etc.

The Board shall have power to pass, and to enforce by suitable penalties, such ordinances as may be found necessary to protect the storm water drainage facilities and systems and to require the connection of all houses, buildings and other structures within the City of Takoma Park with the stormwater system and generally to pass and enforce all ordinances which it may deem proper for the health and cleanliness of the City.

Section 1110 Charges

The Board may make a reasonable charge for each connection made to the City’s storm water system and drainage control facilities. Arrangements for the payment of this charge shall be made before the connection is made.

Section 1111 Extensions Beyond Boundaries

The Board shall have the power to extend its stormwater system beyond the City limits.

Section 1112 Right of Entry

Any employee or agent of the City, while in the necessary pursuit of official duties with regard to the stormwater systems and facilities operated by the City, shall have the right of entry for access to all stormwater management systems, structures and facilities at all reasonable hours, and after reasonable advance notice to the owner, tenant or person in possession, upon any premises and into any building in the City or in the County served by the City’s stormwater system.

Section 1113 Pollution of Water Supply

No person shall do anything which will discolor, pollute, or attempt to pollute any water used or to be used in the City stormwater system. Any violation of the provisions of this section shall be punishable as a Class A misdemeanor or a Class A municipal infraction offense.

Section 1114 Contracts

The Board, if it deems advisable, may contract with any party or parties or any Federal, State or other governmental agency, inside or outside the City, to operate, maintain and/or construct all or any part of the stormwater system in the City.

Section 1115 Special Assessments

The Board shall have the power to levy and collect taxes in the form of special assessments upon property in a limited and determinable area for special benefits conferred upon such property by the installation or construction of stormwater systems, storm and surface water management facilities, storm water sewers, curbs and gutters, and to provide for the payment of all or any part of the above projects out of the proceeds of such special assessment. The authority to levy and collect such assessments shall be carried out in accordance with the procedures established for the making of similar assessments for other public improvements by the Council of Takoma Park and shall include the authority to provide for the financing of said projects in the same manner and subject to the same restrictions.