HomeMy WebLinkAboutO-2019-012 Adding Art. V Stormwater Regulations to Ch. 27 Relating to NPDES Stormwater ProgramORDINANCE NO. 2019-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CITY CODE OF
ORDINANCES BY ADDING ARTICLE V TO CHAPTER 27, SUCH
ARTICLE TO BE ENTITLED "STORMWATER REGULATIONS"
RELATING TO THE NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM STORMWATER PROGRAM ("NPDES");
PROVIDING FOR STORMWATER MANAGEMENT PLAN
REQUIREMENTS, ILLICIT DISCHARGE DETECTION AND
ELIMINATION PROVISIONS, PROHIBITION OF ILLEGAL
DISCHARGES, MATERIAL MANAGEMENT, AND POST
CONSTRUCTION INSPECTION AND ENFORCEMENT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 402(p)(6) of the Clean Water Act, as implemented under the
federally approved NPDES Stormwater Program required the federal Environmental Protection
Agency ("EPA") and states to (a) establish priorities, (b) establish requirements for State
stormwater management programs, and(c) establish expeditious deadlines; and
WHEREAS, the Florida Legislature has enacted legislation creating Local Government
Community Development Districts pursuant to Chapter 190, Florida Statutes, which Chapter
mandates adoption of local ordinances under the Florida Department of Environmental
Protection's NPDES Stormwater Program; and
WHEREAS, the City of Dania Beach, Florida, is required by the federal and state
governments to permit and maintain a Municipal Separate Storm Sewer System; and
WHEREAS, the City Commission of the City of Dania Beach, Florida, has determined
that this ordinance is consistent with the adopted comprehensive plan of the City and is in the
best interests of the City and its citizens; and
WHEREAS, a public hearing has been conducted after due public notice by the City's
Planning and Zoning Board, acting as the Local Planning Agency and its recommendations
were reported to the City Commission; and
WHEREAS,two public hearings have been conducted by the City Commission after due
public notice for the following Ordinance; and
WHEREAS, this Ordinance is adopted in conformance with Article 403.0885, Florida Statutes,
Chapter 62-624, of the Florida Administrative Code, and paragraph 62.621.300 (7)(a) Florida
Administrative Code;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:.
Section 1. The above "Whereas" clauses are deemed to be true and correct and they
are incorporated by reference into this Ordinance.
Section 2. The authority for the enactment of this Ordinance derives from Title 40,
Article 122.26 of the Code of Federal Regulations, mandating that municipalities provide legal
authority to control discharges to the Municipal Separate Storm Sewer System ("MS4") under
the NPDES, Article 403.0885, Florida Statutes, Chapter 62-624 of the Florida Administrative
Code, and paragraph 62.621.300 (7)(a) of the Florida Administrative Code.
Section 3. Chapter 27 of the Code of Ordinances of the City of Dania, Beach,
Florida, is amended to add to it and create Article V to read as follows:
ARTICLE V.STORMWATER REGULATIONS
A) Definitions. For purposes of this Article, "Article V— Stormwater Regulations"
the following definitions shall apply:
1) Best Management Practices (BMP): refers to schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or
indirectly into stormwater, receiving waters, or stormwater conveyance systems.
BMP's also include treatment practices, operating procedures, and practices to
control site runoff, spillage or leaks, sludge or water disposal, or drainage from
storage of raw materials.
2) Contaminated: containing a harmful quantity of any substance.
3) Contamination: the presence of or entry into a public water supply system,
the MS4, waters of the State of Florida, or waters of the United States of any
substance which may be deleterious to the public health,the quality of the water or
both.
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4) Discharge: any addition to or introduction of any pollutant, storm water, or
any other substance whatsoever into the municipal separate storm sewer system
MS4), or into waters of the State of Florida, or into waters of the United States.
5) Environmentally Sensitive Area ("ESA"): a distinct space or ground
surface readily affected by or responsive to external elements or actions.
6) Harmful quantity: the amount of any substance that will cause pollution to
waters in the State, Waters of the United States, or that will cause lethal or sub-
lethal adverse effects on representative, sensitive aquatic monitoring organisms
belonging to the City, upon their exposure to samples of any discharge into
waters of the State, waters of the United States,the MS4 or all of the foregoing.
7) Hazardous material: any material, including any substance, waste, or
combination of them, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
8) Illegal Connection: either of the following: any drain or conveyance,
whether on the surface or subsurface of land or property, which allows an illegal
discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-storm water discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of
whether such drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency or, any drain or conveyance
connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
9) Illegal Discharge: any direct or indirect non-storm water discharge to a
storm drain system, except as exempted in this Article.
10) Municipal separate storm sewer system (MS4): the system of
conveyances (including sidewalks, roads with drainage systems, municipal
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streets, catch basins, curbs, gutters, ditches, man-made channels and storm
drains) owned and operated by the City and designed or used for collecting or
conveying storm water, and which is not used for collecting or conveying
sewage.
11) National Pollutant Discharge Elimination System (NPDES): The national
program for issuing, modifying, revoking and reissuing, terminating, monitoring
and enforcing permits, and imposing and enforcing pretreatment requirements,
under Articles 307, 402, 318, and 405 of the federal Clean Water Act.
12) Non-point source: any source of any discharge of a pollutant that is not a
point source" (defined below).
13) Notice of intent ("N.O.I."): the Notice of Intent that is required by the
NPDES Storm Water Multi-Sector Generic Permit, the EPA NPDES Storm
Water Construction generic permit, or any similar generic permit to discharge
storm water associated with industrial activity which is issued by the EPA.
14) Operator: the party or parties who or which either individually or taken
together meet the following two criteria: 1) they have operational control over the
site specifications (including the ability to make modifications in specifications);
and 2) they have the day-to-day operational control of those activities at the site
necessary to ensure compliance with Stormwater Pollution Prevention Plan
requirements and any permit conditions.
15) Point source: any discernible, confined, and discrete conveyance,
including but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding operation,
landfill leachate collection system, vessel or other floating craft from which
pollutants are or may be discharged. This term does not include return flows from
irrigated agriculture or agricultural storm water runoff.
16) Private Property: any real property within the City that is privately owned
and which is not defined as public property in this Article.
17) Public Property: any lands and improvements owned by the federal
government, the state, a county, or municipality and includes sovereignty
submerged lands located adjacent to the county or municipality, including the
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City beaches, buildings, grounds, parks, playgrounds, streets, sidewalks,
parkways, rights-of-way, and similar public property.
18) Stormwater discharge associated with industrial activity: the discharge
from any conveyance which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw materials storage
areas at an industrial plant. The term includes discharges from facilities or
activities excluded from the NPDES program under 40 CFR parts 122 (as defined
at 40 CFR part 401).
19) Stormwater pollution prevention plan ("SWPPP"): a plan required by a
permit to discharge stormwater associated with industrial activity, including
construction, and which describes and ensures the implementation of practices
that are to be used to reduce the pollutants in stormwater discharges associated
with industrial activity at a facility.
20) Total Suspended Solids ("TSS"): solids that either float on the surface, or
are in suspension in water, wastewater, or other liquids, and which are generally
removable by a laboratory filtration device. TSS is expressed in milligrams per
liter.
21) Uncontaminated: not containing a harmful quantity of any substance.
22) Wastewater: any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
23) Waters of the State: ground-water, percolating or otherwise, lakes, bays,
ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes,
inlets, canals inside the territorial limits of the state, and all other bodies of
surface water, natural or artificial, navigable or non-navigable, and including the
bed and banks of all watercourses and bodies of surface water that are wholly or
partially inside or bordering the State of Florida or within the jurisdiction of the
State of Florida.
24) Waters of the United States: all waters which are currently used, were
used in the past, or may be susceptible to use in interstate or foreign commerce;
all interstate waters, including interstate wetlands; all other waters the use,
degradation, or destruction of which would affect or could affect interstate or
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foreign commerce; all impoundments of waters otherwise defined as waters of
the United States under this definition; all tributaries of waters identified in this
definition; all wetlands adjacent to waters identified in this definition; and any
waters within the federal definition of "waters of the United States" at 40 CFR
122.2; but not including any waste treatment systems, treatment ponds, or
lagoons designed to meet the requirements of the federal Clean Water Act.
B) Stormwater Management Plan Requirements. A stormwater management plan
shall be submitted to the City for all projects that add impervious area or modify pervious
area whether or not City Commission approval is required. The adopted level of service for
drainage is to retain the first inch of rainfall on-site; post-development runoff shall not
exceed predevelopment runoff rate for a 25-year storm event, up to and including an event
with a 24-hour duration. All stormwater management plans submitted pursuant to this
Article shall conform to the following standards:
1) General Requirements. The following general requirements shall be
adhered to when developing a stormwater management plan:
a) All stormwater drains, inlets and infiltration structures that have
connection to a waterway, shall be designed to include a storm
drain stencil message, which reads, "NO DUMPING! DRAINS
TO WATERWAY". The stencil message shall be five (5) inches
by twenty-nine (29) inches, with a white background and blue
letters and made of thermoplastic. All stencils should reflect Flint
Trading, Inc., reference item number 89182093HS and if an
alternate manufacturer is used, a sample stencil shall be provided
to the Building Department for approval prior to installation.
b) Performance standards. Stormwater management plans shall be
included in all projects requiring City Commission approval. Each
plan shall demonstrate that the proposed development activity has
been planned, designed and will be constructed and maintained to
meet each of the following performance standards:
c) Erosion and sedimentation facilities/devices are required for all
development and redevelopment projects within the City. Erosion
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and sedimentation facilities shall receive regular maintenance to
ensure that they continue to function properly. Minimum erosion
control standards are identified in the subsection below, "Illicit
Discharge Detection and Elimination".
C) Illicit Discharge Detection and Elimination.
1) Purpose. The purpose of this Article is to provide for the health, safety,
and general welfare of the citizens of Dania Beach through the regulation
of non-stormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This
Article establishes minimum standards and methods for controlling the
introduction of pollutants into the Municipal Separate Storm Sewer
System(MS4) in order to comply with requirements of the NPDES permit
process.
2) Prohibition of Illegal Discharges. No person shall discharge or cause to be
discharged into the municipal storm drain system or watercourses any
materials, including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water
quality standards, other than stormwater. The commencement, conduct or
continuance of any illicit discharge into the storm drain system is
prohibited except as described as follows:
3) Exemptions from discharge prohibitions. The following discharges are
exempt from discharge prohibitions established by this Article: water line
flushing or other potable water sources, landscape irrigation or lawn
watering, diverted stream flows, rising ground water, ground water
infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air conditioning condensation, springs, non-
commercial washing of vehicles, natural riparian habitat or wet-land
flows, swimming pools (if dechlorinated-typically less than one parts per
million chlorine), firefighting activities, and any other water source not
containing pollutants, as well as discharges specified in writing by the
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City as being necessary to protect public health and safety. Dye testing is
an allowable discharge, but requires a written notification to the City
Public Services Director or his/her designee 48 hours prior to the time of
the test.
4) The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the EPA,
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.
5) Prohibition of illicit connections. 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.
a) The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
b) A person is considered to be in violation of this Article if the
person connects a line conveying sewage to the MS4, or allows
such a connection to continue.
c) A person commits an offense if that person reinstates MS4 access
to premises terminated pursuant to this Article without the prior
approval by the City.
6) Suspension of access to a municipal storm sewer system. The City may
suspend access to the municipal storm sewer system if either one of the
following situations occurs:
a) Suspension due to Illicit Discharges in Emergency Situations. The
City, without prior notice, may suspend MS4 discharge access to a
person when such suspension is necessary to stop an actual or
threatened discharge, which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
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of persons, or to the MS4 or Waters of the United States. If the
violator fails to comply with a suspension order issued in an
emergency, the City may enter the property and take such steps as
deemed necessary to prevent or minimize damage to the MS4 or
Waters of the United States, or to minimize danger to persons. The
person / violator shall be responsible to reimburse the City for all
costs incurred from the corrective action.
b) Suspension due to the Detection of Illicit Discharge. Any person
discharging to the MS4 in violation of this Article may have MS4
access terminated if such termination would abate or reduce an
illicit discharge.
7) Industrial or Construction Activity Discharges. Any person subject to an
industrial or construction activity NPDES stormwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with
the permit may be required in a form acceptable to the City Public
Services Director or his/her designee prior to the allowing of discharges to
the MS4.
8) Monitoring of Discharges. The following regulations apply to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity:
a) The City shall be permitted to enter and inspect facilities subject to
regulation under this Article as often as may be necessary to
determine compliance with this Article. If a discharger has a
security measure in force, which requires proper identification and
clearance before entry into its premises, the discharger shall make
the necessary arrangements to allow access to representatives of
the City.
b) Facility operators shall allow the City access to all parts of the
premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of
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an NPDES permit to discharge stormwater, and the performance
of any additional duties as defined by state and federal law.
c) The City has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own
expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
d) The City shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the City to conduct
monitoring, sampling or both of the facility's stormwater
discharge.
e) Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected, sampled or both shall be promptly
removed by the operator at the written or oral request of the City
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
f) Unreasonable delays in allowing the City access to a permitted
facility is a violation of a stormwater discharge permit and of this
Article. An operator of a facility with a NPDES permit to
discharge stormwater associated with industrial activity commits
an offense if the operator denies the City reasonable access to the
permitted facility for the purpose of conducting any activity
authorized or required by this Article.
g) If the City has been refused access to any part of the premises
from which stormwater is discharged, and the City is able to
demonstrate probable cause to believe that there may be a
violation of this Article, or that there is a need to inspect, sample
or both as part of a routine inspection and sampling program
designed to verify compliance with this Article or any order issued
under it, or to protect the overall public health, safety, and welfare
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of the community, then the City may seek issuance of a search
warrant from any court of competent jurisdiction.
9) Requirement To Prevent, Control, And Reduce Stormwater Pollutants By
The Use Of Best Management Practices (BMP's). The City of Dania
Beach has adopted requirements identifying BMP's for any activity,
operation, or facility, which may cause or contribute to pollution or
contamination of stormwater, the storm drain system, or waters of the
United States. The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes into the
MS4 or watercourses through the use of these structural and non-
structural BMP's. Further, any person responsible for a property or
premise, which is or may be the source of an illicit discharge, may be
required to implement, at the person's expense, additional structural and
non-structural BMPs to prevent the further discharge of pollutants into the
MS4. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the
provisions of this Article. These BMP's shall be part of a Stormwater
Pollution Prevention Plan (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
10) Watercourse Protection. Persons owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain that
part of the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly reduce the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of the
watercourse.
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11) Notification of Spills. Notwithstanding other requirements of law, as soon
as any person responsible for a facility or operation, or responsible for
emergency response for a facility or operation has information of any
known or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the storm
drain system, or Waters of the United States, such person shall take all
necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials, the person
shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a release of non-
hazardous materials, the person shall notify the City Public Services
Director or his/her designee in person or by telephone or facsimile no later
than the next business day. Notifications in person or by telephone shall
be confirmed by written notice addressed and mailed to the City Public
Services Department within three business days of the telephone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall
also retain an on-site written record of the discharge and the actions taken
to prevent its recurrence. Such records shall be retained for at least three
years.
12) Enforcement. Whenever the City finds that an owner/operator has violated
a prohibition or failed to meet a requirement of this Article, the City may
order compliance by written notice of violation to the responsible
owner/operator. Such notice may require, without limitation:
a) The performance of monitoring, analyses, and reporting;
b) The elimination of illicit connections or discharges;
c) That violating discharges, practices, or operations shall cease and
desist;
d) The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected
property;
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e) Payment of a fine to cover administrative and remediation costs;
f) The implementation of source control or treatment BMPs;
g) If abatement of a violation, restoration of affected property or both
are required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. The notice shall
further advise that, should the violator fail to remediate or restore
within the established deadline, the City, or the City's designee
will do the work and the expense shall be charged to the violator.
13) Appeal of Notice of Violation or Request for Variance. Any person
receiving a Notice of Violation may appeal or seek a variance from the
requirements of this Article pursuant to the provisions of either Article
615 (appeal) or Article 625 (variance) of the City's Code of Ordinances.
14) Enforcement Measures After Appeal or Variance Denial. In the event of
an appeal where the Notice of Violation has been upheld or the variance
denied, the affected person has thirty (30) calendar days from the date the
Notice of Violation was upheld to correct the violation as stated under the
terms of the Notice of Violation or to file a timely Petition for Writ of
Certiorari with a court of competent jurisdiction. However, the filing of
any such Petition shall not stay the period of time to correct the violation
unless a court order is obtained which calls for such a stay. Failure to
correct the violation as stated under the terms of the Notice of Violation
within the previously stated thirty (30) calendar days shall cause the City
or representatives of the City to take any and all measures necessary to
abate the violation, restore the property or both. It shall be unlawful for
any person, owner, agent or person in possession of any premises to
refuse to allow the City or representatives of the City to enter upon the
premises for the purposes set forth above.
15) Cost of Abatement of the Violation. Within fourteen (14) calendar days
after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the assessment
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within fourteen (14) calendar days and pursuant to the provisions of
Article 615 of this Code of Ordinances. If the amount due is not paid
within a timely manner as determined by the decision of the above noted
appellate authority or by the expiration of the time in which to file an
appeal, the charges shall become a special assessment against the property
and shall constitute a lien on the property for the amount of the
assessment. Any person violating any of the provisions of this Article
shall become liable to the City by reason of such violation. The liability
shall be paid in not more than twelve (12) consecutive equal payments.
D) Material Management. The purpose of this Article is to promote good
housekeeping practices that are designed to significantly reduce and control stormwater
runoff pollution, which runs into storm drains, treatment facilities and local waterways.
1) Construction Sites.
a) Paint/solvent storage shall not be permitted within fifty (50) feet of
an Environmentally Sensitive Area (ESA) and shall be enclosed in
weather/leak proof storage facility;
b) Fuel storage tanks shall be located seventy-five (75) feet or more
from an ESA or storm drain and shall be maintained in a state
approved leak proof container;
c) All above ground tanks for fueling shall be secondarily contained;
d) Portable waste receptacles must be on the construction site and
must be serviced on a regular basis;
e) Construction site driveways can be installed with or without wheel
washing stations, but must prevent construction site vehicle wheels
from transporting soil and sediment from the construction site and
onto roadways;
f) All hazardous waste material will be disposed of in a manner
specified by federal, state, and local regulations and manufacturer's
specifications;
g) All on-site vehicles and tanks will be monitored for leaks and
receive regular preventative maintenance to reduce the chance of
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leakage. Petroleum products shall be stored in tightly sealed
containers, which are clearly labeled. Storage shall be at least
seventy-five (75) feet from an ESA or storm drain;
h) Any pesticide and herbicide usage shall be applied by a state
licensed applicator;
i) Fertilizers used shall be applied only in the minimum amount
recommended by the manufacturer. If stored on-site, covered
storage shall be provided. Any contents of any partially used bags
of fertilizers shall be transferred to a sealable container.
2) Private Property.
a) Herbicides shall not be applied within a minimum of twenty-five
25) feet from an ESA or stormwater drains, inlets or infiltration
structures that have connection to a waterway;
b) Pesticides shall not be applied or stored within a minimum of
twenty-five (25) feet of an ESA or stormwater drains, inlets or
infiltration structures that have connection to a waterway;
c) Fertilizer shall not be applied or stored within a minimum of
twenty-five (25) feet of an ESA or stormwater drains, inlets or
infiltration structures that have connection to a waterway;
d) Fuel and paint storage shall be maintained in a weather and leak
proof storage container not less than twenty- five (25) feet from an
ESA or stormwater drains, inlets or infiltration structures that have
connection to a waterway.
3) Public Property.
a) Herbicides shall not be applied within a minimum of twenty-five
25) feet from an ESA or stormwater drains, inlets or infiltration
structures that have connection to a waterway;
b) Pesticides shall not be applied or stored within a minimum of
twenty-five (25) feet of an ESA or stormwater drains, inlets or
infiltration structures that have connection to a waterway;
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c) Fertilizer shall not be applied or stored within a minimum of
twenty-five (25) feet of an ESA or stormwater drains, inlets or
infiltration structures that have connection to a waterway;
d) Any pesticide and herbicide usage shall be applied by a state
licensed applicator;
e) Fuel and paint storage shall be contained in a weather proof and
leak proof storage facility not less than twenty-five (25) feet from
an ESA or stormwater drains, inlets or infiltration structures that
have connection to a waterway.
E) Post Construction Inspection and Enforcement. All non-residential and multi-
family residential properties shall be inspected at least once annually and single family
residential dwellings on an as needed basis. The City shall be permitted to enter and
inspect facilities subject to regulation under this Article as often as may be necessary to
determine compliance with this Article.
1) Correction notice. Authorized personnel are permitted and empowered to
notify the owner of non-compliance with all applicable provisions
contained in this Article;
2) Notice of violation. All notices required by this Article shall be provided
to the alleged violator by certified mail, return receipt requested; by hand
delivery by the Sheriff or other law enforcement officer, code inspector or
other person designated by the City Commission; or by leaving the notice
at the violator's usual place of residence with some person of his family
above fifteen (15) years of age and informing such person of the contents
of the notice;
3) Appeal of notice of violation shall be governed by the provisions of
Article 615 of this Code of Ordinances. Actions upon non-compliance
shall be governed by the above-noted provisions of this Article and noted
above.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
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Section 5. This ordinance shall be in full force and effect immediately upon its
passage and adoption.
PASSED on first reading on August 27, 2019.
PASSED AND ADOPTED on second reading on September 23, 2019.
ATTEST:
o y
THOMAS SCHNEIDER, CMC
Z-
L LEWE EN
CITY CLERK te b MAYOR
lSHE
y
APPROVED AS TO FO AND CORRECTNESS:
THOM S . S O
CITY ATTO Y
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