City of Albany

The City of Albany has adopted Stormwater Ordinances in order to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. The City of Albany is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Albany will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be calculated and collected by The City of Albany. The City of Albany offers stormwater credits for properties that engage in stormwater best management practices. The City of Albany, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Albany has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.

POST CONSTRUCTION STORMWATER MANAGEMENT

Sec. 54-55. – Maintenance of facilities.

(a) Stormwater detention facilities which are deemed to be an essential and integral part of the city stormwater management program may be maintained by the city. Stormwater management facilities, which are built to satisfy this chapter for nonresidential developments, and function for only one owner of a parcel of land in fee simple, will not be maintained by the city, and the owner thereof shall meet the requirements of the subsequent provisions of this chapter. No stormwater detention facility shall be accepted for maintenance by the city without first being approved by the mayor and board of commissioners.

1. In order to facilitate the maintenance of said stormwater detention facilities, a drainage easement shall be provided which will at a minimum encompass the 100-year flood elevation contour plus 20 feet. The 20 feet shall be measured horizontally outward from the 100-year flood elevation contour (or top of slope of the pond). When a fence is placed around the pond for restrictive access, as required by section 3.2.1 of the Local Design Manual, the fence shall be placed no less than 20 feet, measured horizontally outward, from the 100-year flood elevation or top of slope of the pond.
2. A 20-foot access easement shall be provided from an existing or proposed right-of-way to the said stormwater detention facility. The access easement shall be improved so as to allow for periodic usage for the purpose of maintenance of the stormwater management facility.

(b) An inspection and maintenance agreement shall be executed for all private onsite stormwater management facilities prior to approval of the final plat or issuance of a certificate of occupancy.

1. The property owner must incorporate language into the final plat wherein the property owner agrees and covenants to maintain the stormwater management facility as set forth in this subsection and to perform maintenance to ensure the proper function of the stormwater management facility. The final plat shall also include language that:
   • Obligates the property owner to conduct periodic inspections to ensure proper performance of the facility between scheduled cleanouts;
   • Obligates all subsequent property owners to maintain the facility so as to maintain proper performance of the facility between scheduled cleanouts; and
   • Obligates all subsequent property owners such that all inspection, maintenance and repair procedures of such facilities shall be their responsibility.
2. Such agreement shall provide for access to the facility by virtue of a non-exclusive perpetual easement in favor of the city at reasonable times for regular inspection by the director of engineering, or the director of engineering’s designee.
3. The agreement shall provide that the city, as it deems appropriate, may conduct preventive maintenance inspections of infiltration systems, retention, or detention structures. The city’s inspection schedule shall be established on a frequency that meets the intent of this chapter and applicable regulatory compliance requirements bestowed on the city.
4. The agreement shall provide that if, after an inspection, the condition of a facility presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the city shall have the right, but not the duty, to take such action as may be necessary to protect the public health, safety, general welfare and adjacent properties from damage. If it is determined that such deficient conditions are the result of neglected maintenance, or other action caused by the property owner, then any cost incurred by the city shall be paid by the property owner.
5. The agreement shall provide that the city shall notify the property owner of the facility of any violation, deficiency or failure to comply with this chapter. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within 30 days after notice thereof, the city may provide for all necessary work to place the facility in proper working condition. The city is entitled to recover its costs.

(c) In lieu of an inspection and maintenance agreement, the mayor and board of commissioners may, at its discretion, accept dedication of any existing or future regional stormwater management facility for perpetual maintenance by the city, provided such facility meets all the requirements of this chapter, the LDM and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular structural maintenance by the city.

Sec. 54-56. – Maintenance of pre-existing stormwater facilities.

(a) Pursuant to the Georgia’s Service Delivery Act (O.C.G.A. § 36-70-1 et seq.), the county (Resolution No. 06-025) and the city (Ordinance No. 06-118) have adopted a service delivery strategy. Those same provisions (contained in the latter document) are expressly incorporated herein as if set forth verbatim.

(b) All other stormwater management facilities in the city on the effective date of this chapter shall be maintained by the property owner of the property on which the facility is located in a manner so as to maintain the level of service provided by the facility as intended by the original design or current conditions whichever is more stringent.

Sec. 54-57. – Inspection.

(d) Following final plat approval or issuance of a certificate of occupancy, the director of engineering, or the director of engineering’s designee, shall conduct periodic inspections of the stormwater facility on a schedule established by the city. Inspection reports including documented deficiencies and needed maintenance requirements will be included on the inspection reports and provided to the property owner to undertake appropriate action.

Stormwater Utility Fee Ordinance

Sec. 54-5. – Scope of responsibility for stormwater management systems and facilities.

Operation, maintenance and/or improvement of stormwater management systems and facilities which are located on private or public property not owned by the city, and for which there has been no written agreement granting easements, rights-of-entry, rights-of-access, rights-of-use or other form of dedication thereof to the city for operation, maintenance, improvement and access of such stormwater management systems and facilities shall be and remain the legal responsibility of the property owner, except as otherwise provided for by the state and federal laws and regulations.

The stormwater utility may provide stormwater management services to privately owned stormwater management systems and facilities to ascertain that said facilities are functioning as designed and approved. The stormwater utility may provide for remedial maintenance of said private facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and welfare and the environment, and in cases where such remedial maintenance is required the city reserves the right to bill the owner or owners of said private facility for the costs of such maintenance.

Sec. 54-8. – Stormwater utility user fee charge rates.

(a) The stormwater utility shall impose a stormwater user fee on developed properties within the service area in a fair and equitable manner. The stormwater utility shall apportion the cost of delivering stormwater services to developed properties based on the demand the property places on the city’s stormwater management program, the stormwater services provided by the city to that property and the benefits derived.

(b) The stormwater user fee rate is initially set at $2.50 per ERU. Stormwater user fees shall annually increase by the Consumer Price Index over the prior 12 month period. As used herein, the term “Consumer Price Index” is the Consumer Price Index published by the United States Department of Labor – Bureau of Labor Statistics All Urban Consumers (CPI-U), 1982-1984 +100. If the Consumer Price Index ceases to incorporate a significant number of items now incorporated therein, or if a substantial change is made in the method of establishing the Consumer Price Index, then the Consumer Price Index will be replaced with a reasonable substitute. Additionally, the billing rates may be modified by the mayor and city commission from time to time to meet the financial and operational needs of the Albany Stormwater Utility. A current schedule of said rates shall be on file in the office of the city clerk for public inspection.

(d) Stormwater user fee charges shall be based upon the total number of equivalent residential units (ERUs) associated with developed properties within the city. Each ERU shall correspond to 2,700 square feet of impervious surface.

(e) Gravel and compacted soil associated with driveways, parking areas, roads and other areas that consist of these type surface (or near surface) conditions on developed property will be designated as impervious surface and included in the customer’s ERU calculation because of the hydrologic response characteristics of these materials. The total surface area associated with these materials will be calculated at 85 percent of the total ERUs to reflect the hydrologic response characteristics and limited infiltration capabilities of partial impervious surface materials.

(f) Calculation of stormwater user fee charges. The periodic stormwater user fee charges imposed on developed properties shall be calculated by multiplying the stormwater user fee billing rate times the number of ERUs for each customer account. The number of ERUs that will be utilized to calculate the user fee charge for each customer account shall be in general accordance with the following:

Non-Single Family Residential (NSFR) customer class: Each NSFR customer shall be charged 1.0 ERU for each 2,700 square feet, or increment thereof, of impervious surface located on the property to establish the total number of ERUs for billing. Fractional ERUs will be rounded to one decimal place to establish the total number of ERUs for billing.

Sec. 54-10. – Stormwater user fee charge credits.

(a) The stormwater utility manager shall grant credits or adjustments based on the technical and procedural criteria set forth in the City of Albany Stormwater Utility User Fee Credit Manual (Credit Manual), which is incorporated into this article by reference and made a part hereof. Copies of the credit manual will be maintained by and made available from the stormwater utility manager.

1. Customers may apply for credits and/or adjustments in accordance with the credit manual.
2. A stormwater user fee charge credit shall be determined based on the technical requirements, standards and criteria contained in the credit manual. The amount of credit, or reduction of the stormwater user fee charge, shall be in accordance with the criteria contained in the credit manual.
3. Any credit allowed against the stormwater user fee charge is conditioned on continuing compliance with the city’s design and performance standards as stated in the credit manual and upon continuing provision of the controls, systems, facilities, services, and activities provided, operated, and maintained by the customer. The stormwater utility manager may revoke a credit at any time for noncompliance with applicable standards and criteria as established in the credit manual or this article.
4. In order to obtain a credit, the customer must make application to the city on forms provided by the stormwater utility manager for such purpose, and in accordance with the procedures outlined in the credit manual.
5. The application for any credit or adjustment must be in writing and must include the information necessary to establish eligibility for the credit or adjustment, and be in the format described in the credit manual. The customer’s stormwater utility account must be paid and current prior to review and approval of a stormwater utility credit application by the city, except during the initial credit application period prior to issuance of the first bill. Incomplete applications will not be accepted for consideration and processing.

(b) When an application for a credit is deemed complete by the stormwater utility manager, he/she shall have 30 days from the date the complete application is received to approve the credit in whole, approve the credit in part, or deny the credit. The stormwater utility manager’s decision shall be in writing and will be mailed to the address provided on the adjustment request, and service shall be complete upon mailing. Credits applied for by the customer and approved in whole or in part, shall apply to all stormwater user fee charges in accordance with the terms defined in the credit manual.

Sec. 54-11. – Enforcement methods and inspections.

(a) All property owners of improved property within the incorporated areas of the city shall provide, manage, maintain, and operate on-site stormwater management systems sufficient to collect, convey, detain, and discharge stormwater runoff in a safe manner consistent with applicable city development regulations, ordinances, as well as state and federal laws. Any failure to meet this obligation shall constitute a violation of this article and be subject to citation and prosecution in the City of Albany Municipal Court. Each day such violation exists shall constitute a separate offense.

(b) The city shall have the right for its employees or designated agents to enter upon public and private property during reasonable hours, and after reasonable notice to the owner thereof, in order to assure compliance with the provisions of this article, and state and federal law. Such inspections shall generally be limited to the following purposes:

1. Inspecting or conducting engineering analyses on existing stormwater management systems and facilities located on-site;
2. Verification and review of information contained within a stormwater utility credit manual application; and
3. Determining that stormwater management systems and facilities need to be constructed.

Sec. 54-12. – Stormwater user fee billing, delinquencies, and collections.

(a) Billing

(1) Stormwater user fee charges shall begin to accrue April 1, 2014.

(2) The stormwater user fee charge will be billed and collected on the monthly water, gas and light bill and collected along with other city utility services from the person in whose name such services have been placed on account with the city. If and when the account is closed, or becomes delinquent, the bills for unpaid previous service as well as for current and future service shall be sent to the property owner.

(3) The city may bill the landlord, property manager, or property owner for stormwater services where accurate apportionment of the user fee charges to multiple accounts on a property is difficult. For example, the user fee charge for multi-family properties with five or more units will be billed to the property owner, landlord or property management company.

(4) The utility customer account holder or the property owner (if applicable), as identified from the water, gas and light utility billing database information and the public land records of Dougherty County, shall be obligated to pay the stormwater user fee charges.

(5) If no bill is sent for a particular tract of developed property, the stormwater utility may back bill for a period of up to one year, but shall not be entitled to any interest or any delinquency charges during the back billed period.

(b) Delinquencies and collections

(1) A late charge of 1½ percent per month will accrue on the unpaid balance of any stormwater user fee charge which has been due and payable for 30 days or more as set forth in O.C.G.A. § 7-4-16. In addition, all costs of collection, including attorney’s fees and court costs, will be added.

(2) Unpaid stormwater user fee charges shall be collected in any manner permissible by Georgia law, including but not limited to, utilizing the services of a collection agency, by filing suit to collect on an unpaid account, or by using all methods allowed by Georgia law to collect on any judgment obtained.

Sec. 54-13. – Stormwater user fee charge adjustments.

(a) Adjustments.

(1) The stormwater utility manager shall administer the procedures and standards for the adjustment of the stormwater user fee charge.

a. If a customer believes his stormwater user fee is incorrect, the customer may seek an adjustment of the stormwater user fee charge allocated to a property at any time by submitting the request in writing to the stormwater utility manager on forms provided by the city and setting forth in detail the grounds upon which relief is sought. The customer’s stormwater utility account must be paid and current prior to consideration of an adjustment request by the city, except during the period prior to issuance of the first bill.

b. Customers requesting an adjustment shall be required, at their own expense, to provide accurate impervious area and other supplemental information to the Stormwater utility manager, including, but not limited to, a survey certified by a registered land surveyor or a professional engineer, unless waived by the stormwater utility manager. Submittal of this information will be required if city staff cannot make a determination based on field inspection and/or review of existing city aerial photography. Failure to provide the required information within the time limits established by the stormwater utility manager, as may be reasonably extended, may result in denial of the customer’s adjustment request.

c. Once a completed adjustment request and all required information are received by the stormwater utility manager, the stormwater utility manager shall within 30 calendar days render a written decision.

d. In considering an adjustment request, the stormwater utility manager shall consider whether the calculation of the stormwater user fee charge for the property is correct.

e. The stormwater utility manager’s decision shall be in writing and will be mailed to the address provided on the adjustment request, and service shall be complete upon mailing.

f. If the result of an adjustment is that a refund is due, there will be a credit applied on the next stormwater user fee billing.

(b) Appeals and hearings.

An appeal may be taken to the city manager by filing with the stormwater utility manager a written notice of appeal within 30 days of the stormwater utility manager’s decision. The notice shall contain a concise statement outlining the grounds which form the basis of the appeal. A copy of the notice of appeal and all documentation considered by the stormwater utility manager, as well as any documentation placed in the record by the property owner/customer, shall immediately be provided to the city manager. Within 30 days of the filing of the notice of appeal, the city manager will schedule a hearing and provide written notice to the customer/property owner of the date, time and place of the hearing, with a copy of the same to the stormwater utility manager. The city manager shall have 14 days from the date of hearing in which to prepare a decision and provide copies to the property owner/customer and stormwater utility manager. If the city manager’s decision is that a refund is due, there will be a credit applied on the next stormwater user fee billing. A timely petition for certiorari may be taken to the Superior Court of Dougherty County, Georgia, from the decision of the city manager.

Stormwater User Fee Credit

Stormwater User Fee Credit Policies

The City has established the following general policies regarding consideration and approval of stormwater user fee credits. Please refer to applicable sections of the City SW Utility Ordinances for additional guidance and requirements pertaining to the stormwater user fee credits.

• Applications for a stormwater user fee credit for existing facilities may be submitted to the City at any time. Approved credits will be applied to the customer’s next stormwater user fee bill following approval.
• Customers who submit their applications and have their credit approved between the dates of December 1, 2013 and June 30, 2014, will have their approved credit(s) retroactively applied back to the initial user fee bill. Credit applications submitted and approved after June 30, 2014 will be processed as outlined above.
• Applications for a stormwater user fee credit associated with new development (or redevelopment) sites may be submitted once the BMP is constructed, the BMP has been inspected by representatives of the City and the stormwater user fee charge is scheduled for billing.
• Credits are only approved for (and applied to) eligible customers that meet applicable criteria as set forth in the Manual. The stormwater user fee is being assessed on an individual customer account basis as outlined in the City SW Utility Ordinances. Therefore, credit applications must be made by the entity that is responsible for payment of the utility account. If the responsible entity for payment of SW Utility user fee changes, the new customer must re-apply for the credit with the City regardless if the term has expired or is still active. The new customer may be able to rely on some (or all) of the information from a previous credit application package, but it will be the responsibility of the applicant to verify the information within the submitted credit application package.
• The City may, at its discretion, undertake periodic visual inspections of the BMPs and/or programs being utilized for stormwater user fee credits by customers to ensure compliance with the Manual. If the BMP facility is found to be functional and being properly maintained, the credit will remain in effect. Likewise, if the BMP facility is not functional or is not being maintained, the City has the authority to void the credit on the next billing cycle. Before a credit is re-instated, the customer will have to reapply for the credit as outlined in this manual.
• The term of the credit is three years. Credits will expire at the end of the third fiscal year of the cycle, regardless of which date during the first fiscal year they were approved. The City of Albany’s fiscal year is July 1st to June 30th. For example, credits approved at any time between July 1, 2014 and June 30, 2015 will all expire on June 30, 2017. For credits approved prior to July 1, 2014, they will expire on June 30, 2017.
• The City will utilize a certification process for customer accounts that have received a credit to certify that the existing credit is still in place at the end of its three year term. This certification process will require the customer to demonstrate that their property is still eligible for a credit and continues to meets the criteria outlined in the Credit Manual. Failure of the customer to certify his/her credit as required by the City policy could result in credit revocation. The City will develop the annual certification procedure and make it available to customers via the City website and other methods as deemed appropriate. However, it will be the responsibility of the customer to ensure compliance with the annual certification requirement.

Stormwater Utility User Fee Credit Application Procedures

The following is an overview of the stormwater user fee credit application procedures that a customer should follow to obtain and maintain credits. All of the credits in this Manual require an application, and some of the credit applications require engineering analysis to demonstrate and verify credit eligibility. The credits associated with engineering analysis are identified in the Manual along with the credit application forms. The City requires that these calculations be performed, signed, and sealed in accordance with the appropriate Georgia professional certification provisions outlined herein. The procedure for submitting a credit application generally includes the following tasks:

1. Obtain a copy of the Credit Manual from the City and determine what (if any) credits the customer may be eligible to apply for and fill out the required application materials.

2. The customer should consult the City’s current fee schedule to determine if payment of a credit application review fee is required. Please contact the City Engineering Department at (229) 883-6955 for more information on credit application fees.

3. If required by the credit, retain a Georgia Professional Engineer and/or Land Surveyor to perform the required engineering analysis.

4. Submit the completed credit application with all sections appropriately filled out and attach all the required supporting documentation.

5. The City will review complete application packages and notify the customer if the request is approved or denied within 30 days of receipt of the application. Incomplete application packages will not be considered by the City and will be returned to the customer for completion and/or revision.

6. The City may elect to perform an inspection of the customer’s site and proposed activity, or to review the non-structural practice being implemented, to ensure conformance to the Manual criteria. As such, the customer must grant the City a Right-of-Entry or access easement as part of the application and approval process. The City may elect to conduct follow up or periodic inspections of the site and credit activities to ensure continued compliance with applicable requirements.

7. If the credit application is approved, the City will apply the stormwater user fee credit to the next customer billing cycle.

8. During the credit term outlined in the Manual, the City has the right to conduct inspections and/or inquiries to the applicant to ensure conformance to the Manual criteria.

9. Stormwater user fee credits expire automatically at the end of third fiscal year after the credit is approved. It will be the responsibility of the customer to renew the credit at the appropriate time by resubmitting the application package for review and approval by the City.

10. Stormwater user fee credits are issued to individual customer accounts per the policy outlined herein.

SECTION 2 – CREDIT POLICY AND PROCEDURES

This section explains the procedures involved in applying for a stormwater user fee credit. The procedures include step-by-step instructions and eligibility requirements for obtaining the SW Utility user fee credit.

Listed below are the stormwater user fee credits that SW Utility customers are eligible to apply for and secure. Customers should follow the credit application procedures outlined herein for each credit they desire to secure.

• Low-Impact Parcel
• No Direct Discharge
• Watershed Stewardship
• Septic Tank Maintenance
• Stormwater Runoff Infiltration
• Natural Area Preservation
• Post-GSMM Stormwater Facility/Detention Pond
• Pre-GSMM Stormwater Facility Detention Pond

Low-Impact Parcel

Credit Description

There are some properties/sites in the City where the total impervious area footprint is relatively small as compared to the gross parcel area. The ratio of impervious surface to gross parcel area can result in reduced stormwater runoff impacts since a majority of the parcel is undeveloped.

A credit shall apply to customers who can prove that their parcel meets the “low-impact” development criteria presented herein. The low impact parcel credit criteria are summarized in Table 2:

Parameter	Requirements*
Total Impervious Area (%)	Must be less than 15% of total site area.
Total Site Area (acres)	Must be greater than 2 acres.

* The requirements were derived from applicable research materials including The Watershed Vulnerability Analysis Report, Center for Watershed Protection, January 2002 and the Georgia Stormwater Management Manual (GSMM), August 2001.

Each customer that wishes to apply for this credit shall be responsible for calculating the total site area and impervious surface area. Each customer shall utilize the following procedures:

• Determine the total gross area of the parcel. The gross area must be a minimum of two (2) acres.
• Determine the total impervious area for the parcel. This can be determined through a site survey or by using aerial imagery. Upon request, the City can provide this information for existing SW Utility customers. The impervious area shall include the structure, driveway, loading dock, sidewalk (do not include the sidewalk in the City right of way), pool deck, patio, shed, or any other accessory impervious area. The total amount of impervious surface must be less than 15% of the total gross area of the parcel. Total gross area includes both pervious and impervious areas.
  • total parcel area (TPA)
  • impervious area (IA)
  • Calculation: IA /TPA = 0.15 (or less)
• If the parcel meets all the requirements above, the customer would be eligible for a credit of 25% off their total stormwater user fee charge.

Stormwater User Fee Credit Application Procedures

The customer shall follow the procedures below when applying for a stormwater user fee credit for a Low-Impact Parcel:

STEP 1: Obtain a Manual and credit application packet from the City.

STEP 2: The customer shall provide the City the necessary information pertaining to the total gross parcel area and the total impervious surface area. Total impervious surface area shall be detailed to include which portion pertains to the structure, driveway, sidewalk, and other accessory areas that do not allow for infiltration of rainfall and runoff. This information should be documented in the form of a sketch that will allow City personnel to verify the measurements, calculations and other pertinent information.

STEP 3: The customer shall submit the user fee credit application and the Right of Entry Agreement to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved. Renewal of the stormwater user fee credit shall be in accordance with the procedures outlined in this Manual.

No Direct Discharge

Credit Description

A property or site that does not contribute a discernable amount of stormwater runoff to the City’s public drainage system either directly or indirectly shall be eligible for a No Direct Discharge stormwater user fee credit, if it meets the criteria outlined in this Manual.

The No Direct Discharge credit is typically available to those residential and non-residential property owners (or customers) who can demonstrate that the following condition exists with regard to their property/site:

– Stormwater runoff, after leaving the property, does not drain/discharge to a City-owned drainage facility and/or system and ultimately drains/discharges to the drainage system of another local government, or a waterway that is not considered part of the City’s public drainage system (i.e. the Flint River), such that the site discharge never flows through the City of Albany public drainage system at any point downstream. This type of condition would most likely exist for properties that abut the City limits and stormwater runoff discharges into Dougherty County or to the Flint River.

– A credit of up to 50% off the stormwater user fee charge is available for No Direct Discharge for a period of three years. The total credit may be reduced if only a portion of the site drains to the City’s public drainage system. For example, if half the customer’s property drained to City of Albany’s system and half drained to the Dougherty County system, that customer would be eligible for a 25% (or half of 50%) credit off their stormwater user fee charge.

Stormwater Credit Application Procedures

The customer shall follow the procedures below when applying for a stormwater user fee credit for No Direct Discharge:

STEP 1: Obtain a Manual and credit application packet from the City.

STEP 2: The customer shall provide the City the necessary information pertaining to the drainage conveyance from their property to the appropriate downstream points.

This information should be documented in the form of a topographical based drainage map prepared by a Georgia Professional Engineer, or Land Surveyor, unless otherwise approved by the SW Utility Manager.

STEP 3: The customer shall submit the user fee credit application, complete with the relevant documentation, and a Right of Entry Agreement to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved. Renewal of the stormwater user fee credit shall be in accordance with the procedures section of this Manual and the requirements listed above.

Watershed Stewardship

Credit Description

SW Utility customers are eligible for a stormwater user fee credit if the customer participates in a City approved local watershed stewardship event. Eligible events are set up, organized, and executed through a partnership with the City. There shall only be one stormwater user fee credit certificate issued per property/customer account regardless of the number of participants. NSFR customers seeking this credit will have to demonstrate that at least 10 individuals or 10% of their staff or attendees (whichever is less) participated in this event to receive a credit.

In general, eligible watershed stewardship activities may include community programs such as Adopt-A-Stream, City approved Rivers Alive or Great American Cleanup Day (or other City approved stream clean up events), City-approved Storm Drain Marking, etc. Other eligible credit programs may be added in the future, but customers should verify activity eligibility with the City SW Utility Manager in advance.

• A 5% credit off the stormwater user fee charge is available for the Watershed Stewardship Credit for a period of three years.

Stormwater User Fee Credit Application Procedures

The customer shall follow the procedures below when applying for a stormwater user fee credit for Watershed Stewardship:

STEP 1: The customer shall secure the appropriate certificate for the Watershed Stewardship Program event. Attendance at events not sponsored by the City may can be transferable to the City’s stormwater user fee credit program, if approved by the City SW Utility Manager.

STEP 2: The customer shall submit the credit application, complete with the relevant supporting information, to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved.

The customer will need to participate in at least one watershed stewardship events during each credit term to receive a certificate. Renewal of the stormwater user fee credit shall be in accordance with the procedures section of this Manual and the requirements listed above.

Septic Tank Maintenance

Credit Description

Residential and non-residential customers are eligible for a stormwater user fee credit if the customer conducts approved maintenance activities on existing septic systems located on the customer’s property. SW Utility customers with septic systems can receive a credit by having their septic tanks pumped out on a regular basis (minimum of every six years).

Customers would be eligible to receive the credit for the period of six years after the septic tank was pumped out. The customer must submit documentation to the City in the form of a receipt from a properly licensed hauler of septic wastes. It is the customer’s responsibility to confirm that the hauler has secured the required State and/or Local permits and license to haul and dispose of septic wastes. Customers may re-apply for this credit at the end of every three-year term. The septic system maintenance credit will be applied to the customer applying for the stormwater user fee credit.

There shall only be one stormwater user fee credit issued per customer account in which regular maintenance is conducted on the septic system and it shall only be good for a period of three years. It is the customer’s responsibility to contact a licensed hauler of septic wastes and submit the necessary documentation that the septic system maintenance has been conducted.

• A maximum credit of 10% off the stormwater user fee charge is available for three years for approved septic tank maintenance activities.

Stormwater User Fee Credit Application Procedures

The customer shall follow the procedures below when applying for a stormwater user fee credit for septic system maintenance:

STEP 1: Obtain a Manual and credit application packet from the City.

STEP 2: The customer shall secure the pertinent documentation from a licensed hauler of septic waste. For the purposes of securing a credit, a receipt from the hauler will be sufficient if the receipt contains the date the maintenance was performed (provided it is within 12 months of the date of the application for a credit unless otherwise approved by the City), the address of the property matching the address on the stormwater user fee credit bill and the name of the company performing the work.

STEP 3: The customer shall submit the credit application, complete with the necessary documentation, to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved.

The customer shall continue to conduct maintenance on the septic system at a minimum of every six years in order to qualify and receive the stormwater user fee credit on a continual basis. Renewal of the stormwater user fee credit shall be in accordance with the criteria outlined in this Manual.

Stormwater Runoff Infiltration

Credit Description

SW Utility customers are eligible for a stormwater user fee credit, if the customer can demonstrate that through innovative on-site stormwater management practices that the runoff impacts of development have been successfully mitigated. The pre-development condition is considered naturally wooded for this credit criterion.

The Stormwater Runoff Infiltration credit will be available to those customers that can demonstrate through engineering analysis and appropriate documentation that the post construction stormwater runoff peak flow discharge rate and volume leaving the property mimic the conditions that existed on the property in a naturally wooded state prior to development. This analysis should be shown for the 1, 2, 5, 10, 25, 50 and 100-year, 24-hour storm events per the applicable sections and criteria in the GSMM. In order to qualify for this credit, the customer will need to provide the following information:

• Pre-Development runoff rates and volumes leaving the property prior to development in a naturally wooded state.
• Post-Development runoff rates and volumes leaving their property in its current state.
• Documentation regarding site groundwater table conditions and the impacts (if any) those conditions have on surface water infiltration.
• Description of the methods and calculations utilized to develop the predictions of pre-development and post-development flow rates and volumes.
• Description of the site improvements implemented to reduce the increased runoff rates and volumes to pre-development conditions or less.
• Description of the BMPs utilized along with supporting data demonstrating that the site conforms to the water quality standards for an individual site development as outlined in the GSMM (i.e. capture and treat the first 1.2-inches of runoff for 80% TSS removal).
• Maintenance plan for those site features necessary to maintain the reduction in stormwater runoff discharge rates and volumes to pre-development runoff conditions or less.
• A credit of up to 50% off the stormwater user fee charge is available for stormwater infiltration for a period of three years. The total credit may be reduced if part of the site does not infiltrate stormwater to the standards outlined above. For example, if half the customer’s property is infiltrated at the rate described above then that customer would be eligible for a 25% (or half of 50%) credit off the stormwater user fee charge.

The customer shall follow the procedures below when applying for a Stormwater Runoff Infiltration user fee credit:

STEP 1: Obtain a Manual and credit application packet from the City.

STEP 2: The customer shall provide a hydrology report prepared by and sealed by a Georgia Professional Engineer or Professional Hydrologist demonstrating compliance with the requirements and criteria outlined herein.

STEP 3: The customer shall submit the user fee credit application, an executed Right of Entry Agreement and a maintenance plan for the site stormwater BMPs/controls to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved.

The customer shall continue to conduct maintenance as per the maintenance plan provided with the original application. The customer may reapply for the credit every three years. If a customer is reapplying for a Stormwater Runoff Infiltration credit and site conditions have not changed since the original application, the application only needs to include a copy of the original hydrological study and certification that all maintenance been performed per the maintenance plan for re-issuance of the credit. If site improvements or changes have been made to the property then the hydrology study will need to be updated to document compliance with the Manual criteria.

Natural Area Preservation

Credit Description

The City will grant a stormwater user fee credit for those customers that provide for Natural Area Preservation in accordance with the criteria outlined in this Manual. In order for a customer to be eligible for this credit, the customer must demonstrate that at least one acre of contiguous green space will be preserved. In general, lands that would likely qualify for natural area preservation credit meet the following criteria:

• Undeveloped land in its natural state.
• Environmentally sensitive lands including: (1) Federally recognized wetlands; (2) State of Georgia designated Groundwater Recharge Areas; (3) Lands containing Federally Endangered Species; (4) Undeveloped lands within stream buffers and/or floodplains; (5) other approved site conditions as set forth by the City.

In order for a SW Utility customer to qualify for this credit, the natural area must be permanently protected through a conservation easement or other deed restriction, or the land set aside and permanently protected as part of a conservation subdivision development.

The customer would be eligible to receive a 1% credit for every 1% of the total area of the property that is permanently protected. The customer could receive a maximum of upto a 20% credit for Natural Area Preservation for an unlimited period of time.

Stormwater User Fee Credit Application Procedures

The customer shall follow the procedures below when applying for a stormwater user fee credit for Natural Area Preservation:

STEP 1: Obtain a Manual and credit application packet from the City.

STEP 2: The customer shall provide the City the necessary information which documents that the site conditions meet the applicable criteria for this credit. This information should be documented in the form of a site plan and map, which is prepared and sealed by a Georgia Professional Engineer or Land Surveyor, unless otherwise approved by the SW Utility Manager. A copy of the conservation easement agreement or deed restriction that creates the permanent protection must also be included. The necessary paperwork documenting that a properly prepared and executed conservation easement exists on the property/site must also be included.

STEP 3: The customer shall submit the credit application, complete with the relevant documentation and calculations, and a Right of Entry Agreement to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved. Renewal of the stormwater user fee credit shall be in accordance with the procedures section of this Manual and the requirements listed above.

Post-GSMM Stormwater Facility/Detention Pond

Credit Description

The GSMM Unified Stormwater Sizing Criteria is an integrated approach to addressing stormwater runoff impacts associated with both water quality and quantity issues. Each of the unified stormwater sizing criteria are intended to be used in conjunction with the others to address the overall stormwater runoff impacts from a development site. When used as an overall set of criteria, the unified stormwater sizing criteria control and manage the entire range of stormwater runoff events from the smallest storm events to the largest storm events (i.e. the 100 year storm). The four stormwater runoff treatment levels associated with the unified stormwater sizing criteria include water quality, channel protection, overbank flood protection and extreme flood protection. Table 3 presents each treatment level with a description of each, as provided in the GSMM.

Treatment Level	Maximum Available Credit	Criteria Description
Water Quality	10%	Treat the runoff from 85% of the storms that occur in an average year. Per the GSMM, this equates to providing water quality treatment for the runoff resulting from a rainfall depth of 1.2 inches. Reduce average annual post-development TSS loadings by 80%.
Channel Protection	10%	Provide extended detention of the 1-year storm event released over a period of 24 hours to reduce bankfull flows and protect downstream channels from erosive velocities and unstable conditions.
Overbank Flood Protection	10%	Provide peak discharge control of the 25-year storm event such that the post-development peak rate does not exceed the predevelopment rate to reduce overbank flooding.
Extreme Flood Protection	10%	Evaluate the effects of the 100-year storm on the stormwater management system, adjacent property, and downstream facilities and property. Manage the impacts of the extreme storm event through detention controls and/or floodplain management.

Credits are available under the following general conditions and criteria:

• A credit of up to 40% off the stormwater user fee charge is available in accordance with the unified stormwater sizing criteria met.
• This credit is not available for any portion of a parcel where a No Direct Discharge credit was secured unless otherwise approved by the SW Utility Manager.
• The facility must be in good working order and the customer must demonstrate that routine maintenance of the facility has been and will continue to be conducted in accordance with professional standards.
• The credit shall only be applied to that portion of the property served by the detention basin.

Stormwater User Fee Credit Application Procedures

The customer shall follow the procedures below when applying for a Unified Stormwater Sizing Criteria user fee credit:

STEP 1: Obtain a Manual and credit application packet from the City.

STEP 2: The customer shall provide a hydrology report (or comparable document) prepared by and sealed by a Georgia Professional Engineer or Georgia Registered Land Surveyor demonstrating compliance with the requirements and criteria outlined herein.

STEP 3: The customer shall submit the user fee credit application, an executed Right of Entry Agreement, an ongoing maintenance plan, and documentation that the facility/detention pond has been properly maintained to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved.

The customer shall continue to conduct maintenance as per the maintenance plan provided with the original application. The customer may reapply for the credit every three years. If a customer is reapplying for the unified stormwater sizing criteria user fee credit and site conditions have not changed since the original application, the application only needs to include a copy of the original design information and certification that all the necessary maintenance has been performed per the maintenance plan for re-issuance of the credit. If significant changes to the site layout and/or site stormwater controls has occurred then the City may request that the design information be updated to document compliance with the Manual criteria.

In order to maintain eligibility for the credit, the customer must properly maintain the onsite stormwater controls that were documented in the user fee credit application for the term specified in the Manual. Furthermore, all stormwater control design, construction and maintenance shall be done in strict accordance with the City’s current ordinances and design standards related to stormwater management.

Pre-GSMM Stormwater Facility/Detention Pond Credit

The Pre-GSMM Stormwater Facility/Detention Pond Credit has been designed for older detention ponds that were approved and constructed under the criteria that existed prior to the adoption of the GSMM.

The overall goal of City is to give a credit to eligible customers that are reducing the impact of stormwater generated by their property. By reducing the peak discharge of stormwater from their property, the property owners/customer reduces the burden they impose on the City drainage system and the downstream receiving waterway. The credit shall only be applied to that portion of the property served by the detention basin. Credits are available under the following general conditions and criteria:

• A minimum of 20% credit is available to customers that can demonstrate that the peak stormwater discharge rate for the 10-year storm from their stormwater retention/detention facility for a post developed site condition (Qpost) is no more than the peak stormwater discharge rate before development (Qpre) (i.e. Qpost = Qpre).
• A maximum of 30% credit is available to customers that can demonstrate that the peak stormwater discharge rate for the 10-year storm from their stormwater retention/detention facility for a post developed site condition (Qpost) is at least 10% less than the peak stormwater discharge rate before development (Qpre) (i.e. a Qpost is 10% less than Qpre).
• The City reserves the right to establish the applicable credit for situations that may fall between the various criteria outlined above (e.g. a 25% credit for Qpost being 7% less than Qpre).
• The facility must be in good working order and the customer must demonstrate that routine maintenance of the facility has been and will continue to be conducted in accordance with professional standards.

Stormwater User Fee Credit Application Procedures

The customer shall follow the procedures below when applying for the detention pond user fee credit:

STEP 1: Obtain a manual and credit application packet from the City.

STEP 2: The customer shall provide a hydrology report (or comparable document) prepared by and sealed by a professional engineer demonstrating compliance with the requirements and criteria outlined herein.

STEP 3: The customer shall submit the user fee credit application, an executed Right of Entry Agreement, an ongoing maintenance plan, and documentation that the facility/detention pond has been properly maintained to the City.

Upon receipt of the credit application, the City shall review the documentation. If the credit is approved, the stormwater user fee credit will be applied, starting with the next customer billing cycle. If the City representative does not approve of the customer’s application, the City will send a letter to the customer explaining why the credit application was not approved.

The customer shall continue to conduct maintenance as per the maintenance plan provided with the original application. The customer may reapply for the credit every three years. If a customer is reapplying for the unified stormwater sizing criteria user fee credit and site conditions have not changed since the original application, the application only needs to include a copy of the original design information and certification that all the necessary maintenance has been performed per the maintenance plan for re-issuance of the credit. If significant changes to the site layout and/or site stormwater controls has occurred then the City may request that the design information be updated to document compliance with the Manual criteria.

In order to maintain eligibility for the credit, the customer must properly maintain the onsite stormwater controls that were documented in the user fee credit application for the term specified in the Manual. Furthermore, all stormwater control design, construction and maintenance shall be done in strict accordance with the City’s current ordinances and design standards related to stormwater management.

ILLICIT DISCHARGE AND ILLEGAL CONNECTION

Sec. 54-22. – Prohibitions.

(a) Prohibition of illicit discharges. No person shall dispose, discard, drain, or otherwise discharge, cause, or allow others under its control to dispose, discard, drain, or otherwise discharge into the city’s municipal separate storm sewer system any materials, including, but not limited to, contaminated or polluted water, liquids, materials, waste products, etc., other than stormwater. The following discharges to the city’s municipal separate storm sewer system are exempt from the prohibition provision of this section:

1. Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, noncommercial car wash water, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;
2. Discharges or flows from firefighting, and other discharges specified in writing by the city as being necessary to protect public health and safety;
3. The prohibition provision of this section shall not apply to any nonstormwater discharge permitted under an approved NPDES permit or order issued to the discharger and administered under the authority of the state EPD and the United States Environmental Protection Agency (USEPA), 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 city’s municipal separate storm sewer system.

(b) Prohibition of illegal connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the city’s municipal separate storm sewer system is prohibited.

1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
2. A person violates this chapter if the person connects a line conveying sewage to the city’s municipal separate storm sewer system, or allows such a connection to continue.
3. Improper connections in violation of this chapter must be abated, disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system with approval of the city engineering department.
4. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the city’s municipal separate storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the city requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the city.

Sec. 54-25. – Access and inspection of properties and facilities.

The engineering director or the engineering director’s designee shall be permitted to enter and inspect private properties and facilities at reasonable times as often as may be necessary to determine compliance with this chapter and to meet applicable state and federal regulations.

(1) If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the engineering director or the engineering director’s designee.

(2) The property owner or operator shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of a NPDES permit to discharge stormwater.

(3) The city shall have the right to set up on any property or facility such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of flow discharges.

(4) The city may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the city. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at such owner’s or operator’s own expense. All devices used to measure flow and water quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or 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 owner or operator.

(6) Unreasonable delays in allowing the city access to a facility are a violation of this chapter.

(7) If the city has been refused access to any part of the premises from which stormwater is discharged or would likely be 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, environment and welfare of the community, then the city may seek issuance of a search warrant or a mandatory injunction from any court of competent jurisdiction.

Sec. 54-26. – Notification of accidental discharges and spills.

(a) Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or nonstormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the city’s municipal separate storm sewer system, state waters, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

(b) Said person shall notify the city and other appropriate agencies (state, federal, etc.) in person, by phone, or by facsimile no later than 24 hours after the discharge, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the director of engineering within three business days of the initial notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the property owner or operator of such establishment shall also retain an onsite written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

(c) In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

(d) Failure to provide notification of a release as provided in subsection (b) of this section is a violation of this chapter.

Sec. 54-27. – Violations, enforcement and penalties.

(a) Violations of provisions.

(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

(2) In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement as outlined in this chapter.

(b) Notice of violation. Whenever the city finds that a violation of this chapter has occurred, the city may order compliance by a written notice of violation.

(1) The notice of violation shall contain:

• The name and address of the alleged violator;
• The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
• A statement specifying the nature of the violation;
• A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
• A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and,
• A statement that the determination of violation may be appealed to the city by filing a written notice of appeal with the city manager, or the city manager’s designee, within 15 days of service of notice of violation.

(2) Such notice may require without limitation:

• The performance of monitoring, analyses, and reporting;
• The elimination of illicit discharges and illegal connections;
• That violating discharges, practices, or operations shall cease and desist;
• The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
• Payment of costs to cover administrative and abatement costs; and
• The implementation of pollution prevention practices.

(c) Appeal of notice of violation. Any person receiving a notice of violation may appeal the city’s determination. The notice of appeal must be received by the city manager within 15 days from the date of the notice of violation. The failure to file a timely notice of appeal shall be deemed a waiver of appeal. A hearing on the appeal before the city manager, or the city manager’s designee, shall take place within 15 days from the date of timely receipt of the notice of appeal. The decision of the city manager, or the city manager’s designee, shall be final.

(d) Enforcement measures/recovery by city of costs. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, within the later of five days of the decision of the city manager upholding the decision of the city or the time schedule set forth in the notice of violation, the city (and its representatives) are authorized to 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.

(1) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs.

(2) If payment is not made pursuant to the notice in subsection d(1) of this section, a summons shall issue returnable to the city’s municipal court so as to provide the property owner with an opportunity to show why execution should not issue against the real property for all costs incurred by the city.

(3) Notices and summons addressed as per the most recent the county tax commissioner’s records and mailed certified, return receipt requested, shall constitute appropriate service.

(4) Any person violating any of the provisions of this chapter shall become personally liable to the city by reason of such violation, provided such individual have been afforded the notice and summons outlined in this section.

(5) Such individual shall be subject to summons to the city municipal court of and subject to penalty. Each day the violation remains un-remedied after the person becomes noncompliant shall be considered a separate violation.

(6) In assessing an appropriate penalty, the judge of the municipal court may consider:

• The harm done to the public health or the environment;
• Whether the civil penalty imposed will be substantial economic deterrent to the reoccurrence of any illegal activity;
• The economic benefit gained by the violator;
• The amount of effort put forth by the violator to remedy this violation;
• Any unusual or extraordinary enforcement costs incurred by the city;
• Any other factor or equity as deemed appropriate by the municipal court.

(e) 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, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by applicable law.

(f) Remedies not exclusive of other remedies.

(1) The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and the city may seek cumulative remedies.

(2) The city may recover attorneys’ fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.

LINKS:

City of Albany User Fee Credit Manual

City of Albany Stormwater Management Program