Chapter 15.30
STORM WATER AND STORM WATER RUNOFF

Sections:

15.30.010    Purpose and applicability of provisions.

15.30.020    Definitions.

15.30.030    Review and approval of storm drainage plans.

15.30.040    Contents of the storm water management plan.

15.30.050    Storm water management measures required.

15.30.060    Exemptions.

15.30.070    Waivers.

15.30.080    Variances.

15.30.090    Permit – Issuance conditions.

15.30.100    Permit – Fee.

15.30.110    Permit – Suspension and revocation conditions.

15.30.120    Permit – Additional conditions for plan approval.

15.30.130    Permit – Bond requirements.

15.30.140    Contractor – Liability insurance requirements.

15.30.150    Minimum control requirements.

15.30.160    Storm water management measures.

15.30.170    Easements.

15.30.180    Specific design criteria.

15.30.190    Basin plans.

15.30.200    Oversizing.

15.30.210    Work in city right-of-way.

15.30.220    Inspection – Schedule and reports.

15.30.230    Inspection – Requirements during construction.

15.30.240    Inspection – Final reports.

15.30.250    Inspection for preventive maintenance.

15.30.260    Maintenance agreement.

15.30.270    Maintenance responsibility.

15.30.280    Trespassing prohibited.

15.30.290    Trees or shrubs obstructing storm sewers prohibited.

15.30.300    Water quality protection – Prohibited discharges.

15.30.310    Cross-connections prohibited – Abatement by city when – Costs.

15.30.320    Injuring or damaging facilities prohibited.

15.30.330    Appeals.

15.30.340    Liability limitations.

15.30.350    Violation – Criminal infraction.

15.30.010 Purpose and applicability of provisions.

A. The purpose of this chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased storm water runoff. Proper management of storm water runoff will minimize damage to public and private property, reduce the effects of development on land and stream channel erosion and sedimentation, assist in the attainment and maintenance of water quality standards, reduce local flooding, and maintain after development, as nearly as possible, the predevelopment runoff characteristics.

B. The provisions of this chapter are adopted under the authority of the city and shall apply to all development occurring within the incorporated area of the city. The application of this chapter and the provisions expressed herein shall be the minimum storm water management requirements and shall not be deemed a limitation or repeal of any other powers granted by state statute. The city shall be responsible for the coordination and enforcement of the provisions of this chapter. [Ord. 455B, 1992.]

15.30.020 Definitions.

For the purposes of this chapter, the following definitions describe the meaning of the terms used in this chapter:

“Adverse impact” means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety, or property, to biological productivity, diversity, or stability, which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

“Agricultural land management practices” means those methods and procedures used in the cultivation of land in order to further crop production and conservation of related soil and water resources.

“Applicant” means any person, firm, or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.

“Aquifer” means a porous, water-bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.

“Clearing” means the removal of trees and brush from the land, but shall not include the ordinary mowing of grass.

“Detention structure” means a permanent structure designed to store runoff for discharge at rates approximating what would have occurred under predevelopment conditions.

“Develop land” means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.

“Developer” means a person, group, or company engaged in land or property development or proposed development.

“Director” means the public works director of the city.

“Drainage area” means that area contributing runoff to a single point measured in a horizontal plane which is enclosed by a ridge line.

“Easement” means a grant or reservation by the owner of the land for the use of such land by others for specific purpose(s), and which must be included in the conveyance of land affected by such easement.

“Engineer” means a civil engineer or civil engineering firm that has been retained or employed by the city to perform engineering services.

“Exemption” means those land development activities that are not subject to the storm water management requirements contained in this chapter.

“Flow attenuation” means detaining or retaining runoff to reduce the peak discharge.

“Grading” means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled, or any combination thereof.

“Infiltration” means the passage or movement of water into the soil surface.

“Off-site storm water management” means the design and construction of a facility necessary to control storm water from more than one development.

“On-site storm water management” means the design and construction of systems necessary to control storm water within an immediate development.

“Pothole” means a depression or low area in the topography that is subject to flooding or filling upon high water.

“Retention structure” means a permanent structure that provides for the storage of runoff by means of a permanent pool of water or infiltration.

“Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

“Site” means any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.

“Stabilization” means the prevention of soil movement by any of various vegetative and/or structural means.

“Storm drainage plan” means a set of drawings or other documents, submitted by a person as a prerequisite to obtaining a storm drainage permit, which contains all of the information and specifications pertaining to storm water management.

“Storm water management” means:

1. For quantitative control, system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and

2. For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.

“Stripping” means any activity which removes the vegetative surface cover, including tree removal, clearing, grubbing and storage, or removal of topsoil.

“Variance” means the modification of the minimum storm water management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.

“Waiver” means the relinquishment from the storm water management requirements by the city for a specific development on a case-by-case review basis.

“Watercourse” means any natural or artificial stream, river, creek, ditch, channel, swale, conduit, culvert, drain, gully, ravine, in and including any area adjacent thereto, which is subject to inundation by reason of overflow or floodwater.

“Watershed” means the total drainage area contributing runoff to a single point.

“Wetlands” means an area that has saturated soils or periodic high ground water levels and vegetation adapted to wet conditions and periodic flooding. [Ord. 455B, 1992.]

15.30.030 Review and approval of storm drainage plans.

A. A storm drainage plan or application for a waiver shall be submitted to the director by the developer for review and approval for any proposed development, unless otherwise exempted. The storm drainage plan shall be accompanied by supporting computations, drawings and sufficient information describing the manner, location, and type of measures in which storm water runoff will be managed from the entire development. The city shall review the plan to determine compliance with the requirements of this chapter prior to approval. The plan shall serve as the basis for all subsequent construction.

B. Notification of approval or reasons for the disapproval or modification shall be given to the applicant within 30 days after submission of the completed storm water plan. If a decision is not made within 30 days, the applicant shall be informed of the status of the review process and the anticipated completion date. The storm water management plan shall not be considered approved without the inclusion of the signature and date of signature of the director on the plan. [Ord. 455B, 1992.]

15.30.040 Contents of the storm water management plan.

A. The developer is responsible for submitting a storm water management plan which meets the design requirements provided by this chapter. The plan and accompanying information shall provide sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing storm water runoff. The developer or builder shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan or plans. The minimum information submitted for support of a storm water management plan or application for a waiver shall be as follows:

1. Site characteristics:

a. Topography survey showing existing and proposed contours, including area necessary to determine downstream analysis for proposed storm water management facility;

b. Soils investigation, including borings for construction of small ponds and infiltration practices;

c. Description of all watercourses, impoundments, wetlands, and potholes on or adjacent to the site or into which storm water flows;

d. Delineation of 100-year floodplains, if applicable;

e. Delineation of steep slopes.

2. Computations:

a. Hydrology;

b. Hydraulic; and

c. Structural.

B. In addition to the information listed in subsection (A) of this section, storm water management design plans shall include:

1. Storm water management plans:

a. Vicinity map;

b. Drainage area map showing the watershed boundaries, drainage area, storm water flow paths, and maximum permissible nonerosive velocities for watercourses;

c. Proposed improvements including location of buildings or other structures, impervious surfaces and storm drainage facilities, if applicable;

d. Location of utilities;

e. Structural details for all components of the proposed drainage systems and storm water management facilities;

f. Timing schedules and sequence of development clearing, including stripping, rough grading, construction, final grading, and vegetative stabilization;

g. Maintenance schedule;

h. Notes on drawings specifying materials to be used;

i. Construction specifications;

j. Location of easements.

2. Estimate of storm water management construction costs.

3. Other information as required. [Ord. 455B, 1992.]

15.30.050 Storm water management measures required.

No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided for appropriate storm water management measures that control or manage runoff from such developments, except as provided within this chapter. [Ord. 455B, 1992.]

15.30.060 Exemptions.

The following development activities are exempt from the provisions of this chapter and the requirements of providing storm water management:

A. Agricultural land management activities;

B. Additions or modifications to existing single-family detached residential structures;

C. Developments that do not disturb over 5,000 square feet of land area; or

D. Residential developments consisting of single-family houses each on a lot of two acres or greater. [Ord. 455B, 1992.]

15.30.070 Waivers.

The director may grant a waiver of the storm water management requirements for individual developments; provided, that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver. Eligibility for a waiver shall be determined if the applicant can conclusively demonstrate that:

A. The proposed development will not generate two-year discharge flows or velocities that will discharge to and exceed maximum permissible velocities of any portion of the national surface water system and will not cause an adverse impact on the receiving wetland, watercourse, or water body; or

B. A site is completely surrounded by existing developed areas, which are served by an existing network of public storm drainage systems of adequate capacity to accommodate the runoff from the additional development. [Ord. 455B, 1992.]

15.30.080 Variances.

The director may grant a written variance from any requirement of this chapter if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the director and shall state the specific variances sought and reasons for their granting. The city shall not grant a variance unless and until sufficient, specific reasons justifying the variance are provided by the person developing land. [Ord. 455B, 1992.]

15.30.090 Permit – Issuance conditions.

A land-disturbance or building permit may not be issued for any parcel or lot unless a storm drainage plan has been approved or waived by the director as meeting all the requirements of this chapter. Where appropriate, such permits may not be issued without:

A. Recorded easements for the storm water management facilities and easements to provide adequate access for inspection and maintenance from a public right-of-way;

B. A record storm water management maintenance agreement; and

C. Security. [Ord. 455B, 1992.]

15.30.100 Permit – Fee.

A. A nonrefundable permit fee shall be collected at the time the storm drainage plan or application for waiver is submitted. The permit fee will provide for the cost of plan review, administration and management of the permitting process, and inspection of all projects or repair of such projects subject to this chapter. A permit fee schedule shall be established by the repair of such projects based upon the relative complexity of the project and may be amended from time to time.

B. Charge in Lieu of Assessments.

1. The director is authorized and directed to compute and establish connection fees for all public storm drainage system improvements that have been constructed with city funding or support upon the completion of such improvements. All existing storm drainage facilities that have been constructed prior to the effective date of the ordinance codified in this chapter will not be subject to a charge in lieu of assessments, unless the storm drainage facility currently has an existing charge in lieu of assessment agreement in place. Such charge in lieu of assessment shall be based on the total project cost and figured on either a front-foot or area assessment basis or both, at the reasonable discretion of the director. Such project costs shall include all associated design and construction charges to the project.

2. All connections made to a public storm drainage system from properties which have not been assessed or have not borne an equitable share of cost to such public system shall be subject to a charge in lieu of assessment at the rate for the particular storm drainage system as stated above. The assessment charge shall be based on the prorated share of the public storm system at the rate predetermined by the director. Payment of the charge in lieu of assessment shall be made in full, prior to connecting the public storm drainage system.

C. Payback Agreement.

1. A payback agreement shall be defined as an agreement between the city and a property owner for the sole purpose of reimbursing such owner for costs incurred by that owner for the installation of a public storm drainage system. For costs above those costs of any such improvements for the portion of facilities that are needed for or directly benefit the development, any payback agreement shall be limited to the costs of such storm drainage improvements above the costs necessary to provide storm drainage facilities, that comply with city standards, to the owner’s property. The system shall have a reasonable possibility of directly benefiting future development by other properties within the area.

2. The payback reimbursement charge shall be based on the total project costs and figured on either a front-foot or area assessment basis or both at the reasonable discretion of the director. The project costs shall include all associated design and construction charges of the project submitted by the property owner and approved by the city.

3. The director is hereby authorized and directed to execute payback agreements at the request of the property owner upon council approval. The agreement shall be executed in conformance with guidelines developed by the city. It shall be the owner’s responsibility to keep a current address on record with the city at all times during the life of the payback agreement.

4. All properties connecting to a public storm drainage system for which a payback agreement is in force and for which the property has not been assessed or has not borne an equitable share of the costs of such public system shall be subject to a payback connection charge. The connection charge shall be based on a prorated share of the costs as stated in the payback agreement, at the reasonable discretion of the director. Payment of the payback charge shall be made in full to the owner designated in the agreement and release of acceptance of such payment shall be provided to the city prior to connecting to the public storm drainage system.

5. It shall be the city’s duty to collect all such appropriate connection charges and to remit such moneys to the developer designated in the agreement, for the entire life of the agreement, in accordance with the terms and conditions of the payback agreement. [Ord. 455B, 1992.]

15.30.110 Permit – Suspension and revocation conditions.

Any land-disturbance or building permit issued by the city may be suspended or revoked after written notice is given to the permittee for any of the following reasons:

A. Any violation(s) of the conditions of the storm drainage plan approval;

B. Changes in site runoff characteristics upon which a waiver was granted;

C. Construction is not in accordance with the approved plans;

D. Noncompliance with correction notice(s) or stop-work order(s) issued for the construction of the storm water management facility;

E. An immediate danger exists in a downstream area, in the opinion of the city. [Ord. 455B, 1992.]

15.30.120 Permit – Additional conditions for plan approval.

In granting the plan approval, the city may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this chapter and the preservation of the public health and safety. [Ord. 455B, 1992.]

15.30.130 Permit – Bond requirements.

A. The city shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the city prior to the issuance of any building and/or land-disturbance permit for construction of a development requiring a storm drainage plan. The amount of the security shall not be less than the total estimated construction cost of the storm drainage system. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved storm water management plan, compliance with all the provisions of this chapter and other applicable laws and regulations, and any time limitations.

B. The bond shall not be fully released without a final inspection of the completed work by the city, submission of “as-built” plans, and certification of completion by the city of the storm drainage system as being in compliance with the approved plan and the provisions of this chapter. A provision may be made for partial release of the amount of the bond prorated upon completion and acceptance of the various stages of development as specifically delineated, described, and scheduled on the required plans and specifications. The developer shall notify the city upon completion of each stage that is ready for inspection. [Ord. 455B, 1992.]

15.30.140 Contractor – Liability insurance requirements.

All contractors performing work within any existing street right-of-way or any public easement shall have a valid storm drainage permit covering the work and shall be currently licensed and bonded with the state of Washington during the course of the work. The contractor shall have a current liability insurance policy, with the city specifically added as an additional named insured in the policy, in force to protect the contractor, the public, and the city against liability for accidental injury to persons or property in the following minimum amounts:

A. Bodily injury liability insurance for each occurrence: $1,000,000.

B. Property damage liability insurance for each occurrence: $1,000,000. [Ord. 455B, 1992.]

15.30.150 Minimum control requirements.

The minimum storm water control requirements shall require that all developers provide management measures necessary to maintain the postdevelopment peak discharge for the specified design storm at a level that is equal to or less than the predevelopment peak discharge for the same design storm, through storm water management practices that control the volume, timing, and rate of flows. The control requirements and procedures shall be in accordance with standards adopted by the city and included in the storm water management plan. [Ord. 455B, 1992.]

15.30.160 Storm water management measures.

Storm water management measures shall be required to satisfy the minimum control requirements. The storm water management practices to be utilized in developing a storm water management plan shall be according to the following order of preference:

A. Infiltration of on-site runoff;

B. Flow attenuation by use of open, vegetated swales, and natural depressions;

C. Storm water retention structures;

D. Storm water detention structures. [Ord. 455B, 1992.]

15.30.170 Easements.

All public storm drainage systems shall be required to be located within a recorded public storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to the storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance as determined by the city. [Ord. 455B, 1992.]

15.30.180 Specific design criteria.

Storm water management measures shall be designed and constructed in accordance with the standards and specifications as set forth in the Standard Specifications for Road, Bridge, and Municipal Construction published by the American Public Works Association (APWA) and the Washington State Department of Transportation, and Stormwater Management Manual for the Puget Sound Basin published by the Washington State Department of Ecology. [Ord. 455B, 1992.]

15.30.190 Basin plans.

Where individual plans developed by the city specify storm drainage design criteria differing from those stated herein, the requirements of the basin plans shall govern. [Ord. 455B, 1992.]

15.30.200 Oversizing.

When it is deemed necessary by the city as a condition of development for the developer to install conveyance lines larger than required to serve adjacent properties, such development shall be eligible for a payback agreement as stated in CMC 15.30.100(C). The storm drainage utility may participate in the cost to construct the oversizing upon council approval. [Ord. 455B, 1992.]

15.30.210 Work in city right-of-way.

A. All work within the limits of any street right-of-way or any public easements must be pursued to completion with due diligence and if an excavation is left open beyond a reasonable length of time, the city shall cause the same to be backfilled and restored forthwith.

B. Any costs incurred by the city in backfilling or restoring the excavation will be charged to the property owner and/or developer. Any delinquent payments shall constitute a lien. [Ord. 455B, 1992.]

15.30.220 Inspection – Schedule and reports.

A. Prior to approval of a storm drainage plan, the developer will submit to the city a proposed inspection and construction control schedule. The director shall conduct inspections and file reports for periodic inspections necessary during construction of storm water management systems to ensure compliance with the approved plans.

B. No work shall proceed until the director inspects and approves the work previously completed and furnishes the developer with the results of the inspection reports as soon as possible after completion of each required inspection.

C. Any portion of the work which does not comply will be promptly corrected by the developer, after written notice from the city. The notice shall set forth the nature of corrections required and the time within which corrections will be made.

D. The developer shall notify the city before commencing any work in conjunction with the storm water management plan and upon completion of the project when a final inspection will be conducted. [Ord. 455B, 1992.]

15.30.230 Inspection – Requirements during construction.

After commencing initial site operations, regular inspections shall be made at the following specified stages of construction:

A. Flow attenuation or water quality control devices, such as open, vegetated swales, upon completion of construction.

B. Retention and detention structures at the following stages:

1. Upon completion of excavation to subfoundation and, where required, installation of structural supports or reinforcement for structures, including but not limited to:

a. Core trenches for structural embankments;

b. Inlet/outlet structures and anti-seep structures, watertight connectors on pipes; and

c. Trenches for enclosed storm drainage facilities;

2. During placement of structural fill, concrete and installation of piping and catch basins;

3. During backfill of foundations and trenches;

4. During embankment construction; and

5. Upon completion of final grading and establishment of permanent stabilization. [Ord. 455B, 1992.]

15.30.240 Inspection – Final reports.

A final inspection shall be conducted by the city upon completion of the elements of the storm drainage plan to determine if the completed work is constructed in accordance with approved plans and this chapter. “As-built” certification by a registered professional engineer licensed in the state of Washington is also required to certify that the facility has been constructed as shown on the “as-built” plans and meets approved plans and specifications. The developer will receive written notification of the results of the final inspection. The city shall maintain a permanent file of inspection reports. [Ord. 455B, 1992.]

15.30.250 Inspection for preventive maintenance.

A. Preventative maintenance shall be ensured through inspection of all infiltration systems and retention, detention, or other storm drainage structures by the city. The inspection shall occur during the first year of operation and at least once every three years thereafter.

B. Inspection reports shall be maintained by the city on all retention and detention structures and shall include the following:

1. The date of inspection;

2. Name of inspector;

3. The condition of:

a. Vegetation;

b. Fences;

c. Spillways;

d. Embankments;

e. Reservoir;

f. Outlet channels;

g. Underground drainage;

h. Sediment load; or

i. Any other item that could affect the proper function of the retention or detention;

4. Description of needed maintenance.

C. If, after an inspection by the city, the condition of an element of the storm drainage system presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the city shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the city shall be assessed against the owner(s), as provided in CMC 15.30.260(C). [Ord. 455B, 1992.]

15.30.260 Maintenance agreement.

A. Prior to the issuance of any land-disturbance or building permit for which a storm drainage plan is required, the city shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private storm drainage system. Such agreement shall provide for access to the system at reasonable times for regular inspection by the city or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established.

B. The agreement shall be recorded by the applicant and/or owner in the land records of the city.

C. The agreement shall also provide that if, after notice by the city to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the city may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties and there shall be a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the city. [Ord. 455B, 1992.]

15.30.270 Maintenance responsibility.

A. The owner of the property on which work has been done pursuant to this chapter for private storm drainage systems, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

B. A maintenance schedule shall be developed for the life of any storm drainage system element and shall state the maintenance to be completed, the time period for completion and who shall perform the maintenance. This maintenance schedule shall be printed on the drainage plan.

C. The maintenance and operation of private storm drainage systems shall be the responsibility of the property owners.

D. The city shall be responsible for the maintenance and operation of all public storm drainage facilities located within public easements and rights-of-way following the completion of a successful maintenance period and the acceptance of such facilities by the city. [Ord. 455B, 1992.]

15.30.280 Trespassing prohibited.

It is unlawful for any person to trespass or be upon the lands and premises of the city, lawfully enclosed by fences, upon which any public storm drainage facility is situated unless duly authorized by the city. [Ord. 455B, 1992.]

15.30.290 Trees or shrubs obstructing storm sewers prohibited.

It is unlawful to plant or maintain any tree or shrub whose roots are likely to obstruct public or private storm drainage facilities. [Ord. 455B, 1992.]

15.30.300 Water quality protection – Prohibited discharges.

A. It is unlawful for any individual, firm, or corporation to discharge into the public storm drainage system, directly or indirectly, any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality to degrade from Class A water quality standards of the state of Washington herein adopted as part of this chapter by reference, unless such discharge is the result of normal operation of public or private parking lots or streets.

B. Products of erosion shall be prevented from entering the public drainage system at all times, both during construction on the property and the subsequent operation of the facilities provided. All trash and debris shall be prohibited from entering the drainage system at any point within the property. [Ord. 455B, 1992.]

15.30.310 Cross-connections prohibited – Abatement by city when – Costs.

The installation or maintenance of any cross-connection, pertaining to the connection between any storm drainage system and any sanitary sewer system, is prohibited. Any such cross-connections now existing, or hereafter installed, are a nuisance and shall be abated immediately. If, after proper notice, the property owner does not abate the cross-connection as directed by the city, then the city shall have the authority to abate such connections(s) and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien. [Ord. 455B, 1992.]

15.30.320 Injuring or damaging facilities prohibited.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the public storm drainage system. [Ord. 455B, 1992.]

15.30.330 Appeals.

A. Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce this chapter in regard to a specific application, shall have the right to appeal the action to the director. The appeal shall be filed in writing within 15 days of official transmittal of the final decision or determination on the application, and shall state clearly the grounds on which the appeal is based.

B. The director shall review the case file and written appeal information and may then approve any application, rescind any notice of violation, and/or in some other manner alter or modify the previous action or disposition as the director may determine appropriate. Appeals of decisions made by the director may be brought before the city manager who may direct the reevaluation of the appeal. Appeals beyond the city manager may then be brought before the council. The decision of the city council shall be considered final. [Ord. 455B, 1992.]

15.30.340 Liability limitations.

The director and other employees charged with the enforcement and administration of this policy, acting for the city in good faith and without malice in the discharge of their duties, shall not thereby render themselves liable personally for any damages which may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties. [Ord. 455B, 1992.]

15.30.350 Violation – Criminal infraction.

Any person violating any provision of this chapter shall be guilty of a criminal infraction, for which penalties may be imposed in accordance with this code. [Ord. 455B, 1992.]