HomeMy WebLinkAbout6.g. 2nd Reading / Adoption of Illicit Discharge OrdinanceAGENDA ITEM: 2nd Reading Adoption of Illicit Discharge
Ordinance
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineer
AGENDA NO. (I
ATTACHMENTS: Draft Ordinance
APPROVED BY:
vQ)
RECOMMENDED ACTION: Motion to Adopt an Ordinance Relating to
Illicit Discharge and Connection to the City's Stormwater System Ordinance
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: May 19, 2009
BACKGROUND:
EXECUTIVE SUMMARY
At the May 5, 2009 regular City Council meeting, the Council conducted a first reading of "An Ordinance
Relating to Illicit Discharge and Connection to the City's Stormwater System Ordinance." As presented,
the consideration of this ordinance is necessary for compliance with the City's Storm Water Pollution
Prevention Plan (SWPPP) which is enforced by the Minnesota Pollution Control Agency (MPCA) under
the National Pollutant Discharge Elimination System (NPDES).
As part of Council's review of the draft ordinance the following comments and questions were noted.
1. What is the chlorine level of the City's municipal water supply related to the
discharge of swimming pool water?
The chlorine level within the City's municipal water supply is 0.04 to 1.2 parts per million (ppm).
From the 2008 Drinking Water Report, the highest monthly average was 0.76 ppm. Pool chlorine
levels are typically maintained between 1 and 3 ppm. Based on the attached information from the
Environmental Protection Agency (EPA) web page, the draft ordinance has been updated to allow
discharge from swimming pools when dechlorinated to less than 0.1 ppm. Chlorine levels can be
reduced by allowing pool water to sit for a minim of 2 days to allow for the dissipation of
chlorine prior to discharge.
Section 5 -3 -1, Q. of City Code regulating swimming pools states "Drainage of pools onto public
streets or other public drainage ways shall require prior approval by the Public Works
Superintendent." Through the use of existing City code and communication efforts, property
owners will be informed of the need to dechlorinate pool water prior to discharging onto public
streets or drainage ways.
2. How does the draft ordinance acknowledge the use of commercially available
products for agricultural type activities?
Section 10 -2 -7, a(1) has been updated to allow "the use of fertilizers, herbicides and pesticides for
agricultural or landscaping purposes when applied for their intended purpose in accordance with
label directions and with all applicable local, state and federal ordinances, laws and regulations."
G: \NPDES PH II \5 -19-09 CC Adopt Illicit Discharge Ordinance.doc
In addition to the previous noted modification, the definition for 10 -2 -2, pollutant has been
updated to address the quantity and concentration of pollutants as a consideration for the draft
ordinance. This additional language is intended to allow for discretion when considering
enforcement of the ordinance for the example of a vehicle which leaks oil that is then resolved.
Council also inquired how other cities are administering this ordinance. At this time as the requirement
for this ordinance is recent, there are not examples of other cities practices for administering this
ordinance.
SUMMARY:
With this additional language, chemicals used in accordance with label directions and applicable
laws for agricultural and landscaping purposes are allowed and are not considered to be an illicit
discharge by the draft ordinance.
Minnesota Statutes, Chapter 18B makes the Commissioner of the Department of Agriculture
responsible for the regulation of the use, storage, application and disposal of pesticides. Local
government units are preempted from regulating the labeling, distribution, sale, handling, use,
application or disposal of pesticides by Minn. Stat., Section 18B.02. The City would not be able to
prohibit any use of pesticides that is permitted by the Department of Agriculture. The proposed
language in the draft ordinance exempts the use of pesticides that complies with law.
The City would not be taking on any responsibility for failing to enforce department of Agriculture
Rules on illegal uses of pesticides. That responsibility lies with the Department of Agriculture
under Minnesota Statutes, Section 18B.03.
Staff recommends City Council adopt the ordinance as presented.
2
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Minimum Measure: Public Education and Outreach on Stormwater Impacts
Subcategory: Education for Homeowners
Chlorinated water discharged to surface
waters has an adverse effect on local
water quality. Swimming pools are a
major source of chlorinated water
discharged into sanitary and storm
sewer systems. An average swimming
pool holds 19,000 gallons of highly
chlorinated water, which is toxic to
wildlife and fish.
Applicability
Design Considerations
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Chlorinat water from svutmm ng poo
disch to the storin sewer system o
nto' a waterbody (Source The Pool; �Gu
Many pool owners who live in cooler
climates drain their swimming pools to
reduce maintenance and potential
damage from freezing during winter.
Instead of discharging pool water to the storm sewer system or directly into a waterbody, these
individuals should investigate alternative discharge options.
There are different options available to homeowners to prevent sending chlorinated pool water
into storm drains. The Oregon Department of Environmental Quality suggests the following
measures:
Pool owners obtain permission from local sanitary sewer operators or municipal treatment
plant operators and discharge to the sanitary sewer system.
Discharge the chlorinated water to land where it will not drain to local surface waters.
Dechlorinate the water before draining the pool.
Montgomery County, Maryland's, Department of Environmental Protection (1997) provides the
following guidelines to pool owners and operators:
Community pools must discharge to the sanitary sewer using a surge tank.
Page 1 of 2
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EPA Stormwater Menu of BMPs Page 2 of 2
Residential pools must discharge backwash water to the sanitary sewer.
If the only option for draining pool water is to discharge directly into the environment, water
quality must comply with the applicable water quality criteria.
Pool water must sit for at least 2 days after the addition of chlorine or bromine or until chlorine
or bromine levels are below 0.1 mg /I.
The pH of discharge water must be between 6.5 and 8.5 before it is discharged.
Algicides such as copper or silver can interrupt normal algal and plant growth and should not
be used.
Total suspended solids must be below 60 mg /I. Suspended particles should be allowed to
settle out, and the water should not appear murky. Settled material should not be discharged
with pool water.
Discharges to the environment should be directed over a land surface so that some level of
filtration by soil particles can occur. The water quality requirements listed above also apply to
land- applied water.
Limitations
Enforcement of safe discharge of chlorinated water from numerous private sources may be
difficult to achieve.
References
MCDEP. 1997. Montgomery County NPDES Municipal Separate Storm Sewer System Annual
Report. MS -MO -95 -006. Montgomery County Department of Environmental Protection, Rockville,
MD.
Oregon Department of Environmental Quality (ODEQ). 1997. Environmentally Safe Methods for
Draining Swimming Pools. News release.
[http: /www.deq. state. or. us /wq/ pubs /factsheets/ wastewater /bmpch lorwaterd isp. pdf
1.
The Pool Guy. 2001. The Pool Guy's Homepage. [www.geocities.com /Athens /8205/
t� a; J Accessed September 15, 2005.
ic her ,to, c omment on,t is, f ct sheet
Office of IA/Awl Office of Wastewater Management 1 Disclaimer !Search EPA
EPA Home 1 Privacy and Security Notice 1 Contact Us
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SECTION:
10 -2 -1. Purpose /Intent.
35096901, CLL RS215 -3
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE RELATING TO
ILLICIT DISCHARGE AND CONNECTION TO THE
CITY'S STORMWATER SYSTEM ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS
that the City Code of Ordinances is amended by adding new Chapter 2 to Title 10:
SECTION 1: Title 10 of the Rosemount City Code is amended by adding Chapter 2 to
read as follows:
10 -2 -1: Purpose /Intent
10 -2 -2: Definitions
10 -2 -3: Applicability
10 -2 -4: Responsibility for Administration
10 -2 -5: Severability
10-2 -6 Ultimate Responsibility
10 -2 -7: Discharge Prohibitions
10 -2 -8: Suspension of MS4 Access
10 -2 -9: Industrial or Construction Activity Discharges
10 -2 -10: Monitoring of Discharges
10 -2 -11: Requirement to prevent, control and reduce storm water pollutants by the use of best
Management practices
10 -2 -12: Watercourse Protection
10 -2 -13 Notification of Spills
10 -2 -14: Enforcement
10 -2 -15: Enforcement Measures after Appeal
10 -2 -16: Cost of Abatement of the Violation
10 -2 -17: Injunctive Relief
10 -2 -18: Compensatory Action
10 -2 -19: Violations deemed a Public Nuisance
10 -2 -20: Criminal Prosecution
CHAPTER 2
The purpose of this Chapter is to provide for the health, safety, and general welfare
of the citizens of the City of Rosemount through the regulation of non-storm water
discharges to the storm drainage system to the maximum extent practicable as
35096902 CLL RS215 -3
ORDINANCE NO.
required by federal and state law. This Chapter establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process.
(b)
The objectives of this Chapter are:
(a) To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by stormwater discharges by any user.
To prohibit illicit connections and discharges to the municipal separate storm
sewer system.
(c) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this Chapter.
10 2 2. Definitions.
For the purposes of this Chapter, the following shall mean:
Authorized Enforcement Agency: the Qty of Rosemount.
Best Management Practices (BMPs): schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters, or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
Clean Water Act The federal Water Pollution Control Act (33 U.S.C. S 1251 et
seq), and any subsequent amendments thereto.
Construction Activity: Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of one acre or more. Such
activities include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
Hazardous Materials: Any material, including any substance, waste, or
combination thereof, that 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.
Illegal Discharge: Any direct or indirect non -storm water discharge to the storm
drain system, except as exempted in this Chapter.
2
Illicit Connections: An illicit connection is defined as any drain or conveyance,
whether on the surface or subsurface, that allows an illegal discharge to enter the
storm drain system including but not limited to any conveyances that 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 said 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 that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit: means a permit issued by MPCA that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area -wide basis.
Non Storm Water Discharge: Any discharge to the storm drain system that is not
composed entirely of storm water.
Person: means any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and action as either the owner or as
the owner's agent.
Pollutant: Anything that causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non hazardous liquid and solid wastes and yard wastes; refuse, rubbish,
garbage, litter, or other discarded or abandoned objects, pesticides, herbicides, and
fertilizers; hazardous substances and wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind..
1 1 r sot. 1 1 1 1 "K
characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property or the environment, or that may
degrade, impair or pollute pround or surface waters,
Premises: Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Storm Drain System: Publicl owned facilities by which storm water is collected
and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human-made or altered drainage
channels, reservoirs, and other drainage structures.
350969v32 CLL RS215 -3 3
ORDINANCE NO.
10 -2 -3. Applicability.
10 -2-4. Responsibility for Administration.
10 -2 -5. Severability.
ORDINANCE NO.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan: A document that describes the Best
Management Practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance systems,
and/or receiving waters to the maximum extent practicable.
Wastewater. means any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
This Chapter shall apply to all water entering the storm drain system generated on
any developed or undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The authorized enforcement agency shall administer, implement, and enforce the
provisions of this Chapter. Anypowers granted or duties imposed upon the
authorized enforcement agency may be delegated in writing by the City
Administrator to persons or entities acting in the beneficial interest of or in the
employ of the agency.
The provisions of this Chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this Chapter or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this Chapter.
10 2 6. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this Chapter are
minim standards; therefore this Chapter does not intend or imply that compliance
by any person will ensure that there will be no contamination, pollution, or
unauthorized discharge of pollutants.
10 2 7. Discharge Prohibitions.
(a) 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
350969v32 CLL RS215 -3 4
350969v42 CLL RS215 -3
pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the
storm drain system is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions
established by this Chapter 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, noncommercial
washing of vehicles, natural riparian habitat or wet -land flows,
swimming pools (if dechlorinated typically less than ene- 4LPPM
chlorine), fire fighting activities, end -any other water source not
containing pollutants, and the use of fertilizers, herbicides and
pesticides for agricultural or landscaping purposes when applied for
(3
ORDINANCE NO.
0 111•. •[I!.1 1 •P. .1 S /.1
all applicable local, state and federal ordinances, laws and regulations.
(2) Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
(4) The prohibition shall not apply to any non-storm water discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, 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.
(b) Prohibition of Illicit Connections
(1
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2) 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 the connection.
5
10 -2 -8. Suspension of MS4 Access.
(b)
10 2 10. Monitoring of Discharges.
(b)
(3)
350969v32 CLL RS215 -3 6
ORDINANCE NO.
A person is considered to be in violation of this Chapter if the person
connects a line conveying sewage to the MS4, or allows such a
connection to continue.
(a) Suspension due to illicit discharges in emergency situations.
The City Council may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge that presents or maypresent imminent and substantial danger to
the environment, or to the health or welfare 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 authorized enforcement agency may take
such steps as it deems necessary to prevent or minimize damage to the MS4
or Waters of the United States, or to minimize danger to persons.
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this Chapter may have
their MS4 access terminated if such termination would abate or reduce an
illicit discharge. The authorized enforcement agency will notify a violator of
the proposed termination of its MS4 access. The violator may petition the
authorized enforcement agency for reconsideration and a hearing. A person
commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the
authorized enforcement agency.
10 2 9. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the City
Council prior to the allowing of discharges to the MS4.
(a) Applicability.
This section applies to all facilities that have storm water discharges
associated with industrial activity, including construction activity.
Access to Facilities.
(1) The authorized enforcement agency shall be permitted to enter and
inspect facilities subject to regulation under this Chapter as often as
maybe necessary to determine compliance with this Chapter. If a
discharger has security measures in force that require proper
identification and clearance before entry into its premises, the
discharger shall make the necessary arrangements to allow access to
representatives of the authorized enforcement agency.
(2) Facility operators shall allow the authorized enforcement agency
ready 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 an NPDES permit to discharge
storm water, and the performance of any additional duties as defined
by state and federal law.
The authorized enforcement agency shall have the right to set up on
any permitted facility such devises as are necessary in the opinion of
the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's storm water discharge.
(4) The authorized enforcement agency 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 devises used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
Anytemporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly
removed by the operator at the written or oral request of the
authorized enforcement agency and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the authorized enforcement agency
access to a permitted facility is a violation of a storm water discharge
permit and of this Chapter. A person who is the operator of the
facility with a NPDES permit to discharge storm water associated
with industrial activity commits an offense if the person denies the
authorized enforcement agency reasonable access to the permitted
facility for the purpose of conducting any activity authorized or
required by this Chapter.
If the authorized enforcement agency 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 Chapter, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this Chapter or any order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent
jurisdiction.
(3)
(5)
(7)
350969v32 CLL RS215 -3 7
ORDINANCE NO.
10 -2 -11. Requirement to prevent, control, and reduce storm water pollutants
by the use of best management practices.
The City will adopt requirements identifying Best Management Practices (BMPs) of
any activity, operation, or facility that may cause or contribute to pollution or
contamination of storm water, the storm drain system, or waters of the U.S. The
owner or operator of a commercial or industrial establishment shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or watercourses
through the use of these structural and non structural BMPs. Further, any person
responsible for a property or premise that is, or may be, the source of an illicit
discharge, may be required to implement, at said person's expense, additional
structural and non structural BMPs to prevent the further discharge of pollutants to
the municipal separate storm sewer system. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of storm water
associated with industrial activity, to the extent practicable, shall be deemed
compliant with the provisions of this section. These BMPs shall be part of a storm
water pollution prevention plan (SWPP) as necessary for compliance with
requirements of the NPDES permit.
10 2 12. Watercourse Protection.
Every person 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 retard 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.
ORDINANCE NO.
10 -2 -13. 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 that are resulting or
may result in illegal discharges or pollutants discharging into storm water, the storm
drain system, or water of the US. said 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 said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of
a release of non-hazardous materials, said person shall notify the authorized
enforcement agency in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Citywithin three business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also
350969v32 CLL RS215 -3 8
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.
10 2 14. Enforcement.
(a) Notice of Violation
Whenever the City finds that a person has violated a prohibition or failed to
meet a requirement of this Chapter, the authorized enforcement agency may
order compliance by written notice of violation to the responsible person.
Such notice may require without limitation:
(4) The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected property;
The implementation of source control or treatment BMPs. If
abatement of a violation and/or restoration of affected property is
required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall
further advise that, should the violator fail to remediate or restore
within the established deadline, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be
charged to the violator.
(6) The notice shall state that the determination of violation may be
appealed to the City Administrator by filing with the City Clerk a
written notice of appeal within seven calendar days of service of the
notice of violation.
(5)
10 -2 -15. Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the determination of the
authorized enforcement agency. The notice of appeal must be received by the City
Clerk with seven calendar days from the date of the Notice of Violation. Hearing on
the appeal before the City Administrator or the City Administrator's designee shall
take place within seven calendar days from the date of receipt of the notice of
appeal. The decision of the City Administrator or City Administrator's designee shall
be final.
10 -2 -16. Enforcement Measures after Appeal.
35096902 CLL RS215 -3 9
ORDINANCE NO.
The performance of monitoring, analysis, and reporting;
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and
desist;
If the violation had not been corrected pursuant to the requirements set forth in the
Notice of Violation, or, in the event of an appeal, within 15 days of the decision of
the municipal authority upholding the decision of the authorized enforcement
agency, then representatives of the authorized enforcement agency shall enter upon
the subject private property and are authorized to take any and all measures
necessary to abate the violation and /or restore the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for the
purposes set forth above.
10 2 17. Cost of Abatement of the Violation.
Within 30 days after abatement of the violation, the owner of the property will be
notified of the cost of abatement, including administrative costs. If the amount due
is not paid within a timelymanner as determined by the decision of the municipal
authority, the enforcement agency may levy the charges as a special assessment
against the property, which assessments shall constitute a lien on the property for the
amount of the assessment. Any person violating any of the provisions of this
Chapter shall become liable to the City by reason of such violation.
10 2 18. Legal Action.
It shall be unlawful for any person to violate any provision or fail to comply with any
of the requirements of this Chapter. If a person has violated and continues to violate
the provisions of this Chapter, the authorized enforcement agency may petition for a
preliminary or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform abatement or
remediation of the violation, or seek any other available remedy in law or equity.
10 2 19. Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this
Chapter, the authorized enforcement agency and violator may agree on alternative
compensatory actions, such as storm drain stenciling, attendance at compliance
workshops, creek cleanup, etc.
10 20. Violations deemed a Public Nuisance.
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this Chapter is a
threat to public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may be
taken.
10 -2 -21. Criminal Prosecution.
350969 CLL RS215 -3 10
ORDINANCE NO.
Any person that has violated or continues to violate this Chapter shall be liable to
criminal prosecution to the fullest extent of the law, and shall be subject to a criminal
penalty in accordance with Section 1 1. The authorized enforcement agency may
recover all attorneys' fees, court costs, and other expenses associated with
enforcement of this Chapter, including sampling and monitoring expenses.
SECTION 2: This Chapter shall be effective the day of 2009.
Adopted by the City Council of the City of Rosemount, Minnesota, the day of
200
Al "IEST:
350969x32, CLL RS215 -3 11
William H Droste, Mayor
Amy Domeier, City Clerk
Published this day of 2009 in the Rase uint Tozer Pais.
ORDINANCE NO.
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PowerDocs://DOCSOPEN/350969/2
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