Riparian Buffers: maintenance is limited to maintaining the vegetation and occasional trash and sediment removal. Where native vegetation is used rather than groomed turf, the vegetation need only be monitored seasonally to ensure adequate growth of woody vegetation and removal of invasive species. The frequency of trash and sediment removal will depend on the location.
Grass Swales: Maintain the vegetation and perform occasional trash removal. Where native vegetation is used rather than groomed turf, vegetation need only be mowed seasonally to retard the growth of woody vegetation. The frequency of trash removal will depend on location. Sediments trapped behind check dams may need to be cleaned out and spot repairs to vegetation may be required. General lawn maintenance such as mowing, watering and chemical application.
Modified Swales/Biofilters: Maintain the vegetation and perform occasional trash removal. Where native vegetation is used rather than groomed turf, vegetation need only be mowed seasonally to retard the growth of woody vegetation. The frequency of trash removal will depend on location. Recommended to cut grass no lower than about 3 to 5 inches. Could be necessary to remove excess sediment trapped behind check dams and spot repairs to vegetation may be required.
Filter Strips: The filter strip should be kept free of litter. The vegetation should be maintained with normal landscape activities. Irrigation and fertilization needs on the filter strip may be less than normal because the runoff from the adjacent areas will provide both water and nutrients. Periodic aeration of the soil may be helpful if the underlying soil is particularly tight and there is compaction. During the first 1 or 2 years, filter strips and level spreaders should be inspected for proper distribution of flows and signs of erosion during and after major storm events. After the first 1 or 2 years, the strip may be inspected annually or biannually. If erosion is discovered, the eroded areas should be filled in and reseeded. Then, the cause for the erosion should be determined and, if possible, prevented from recurring.
Bioretention: Monthly inspections are recommended until the plants are established. Annual inspections should then be adequate.
Permanent structural and/or nonstructural BMPs shall be implemented to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollutants as required in this Chapter.
(a) It is a violation for any owner to improperly construct or operate or fail to maintain the proper function of privately owned structural BMPs. Maintenance activities include, but are not limited to, removing trash and debris, reseeding, mowing, pest control, removing sediment accumulation, removing vegetation, replacing filter media, and repairing eroded areas.
(b) It is a violation for any owner to place or deposit debris, yard waste, garbage, or other materials that are incompatible with BMPs (e.g., toys, sports equipment, decorative materials) in BMPs, or permit such items to be deposited in any manner on privately owned structural BMPs.
(c) The owner shall immediately notify the public works department of any discharge of a pollutant, debris, yard waste, garbage, excessive sediment, or materials incompatible with BMPs, including from a privately owned BMP, into the municipal storm water drainage system, when such discharge causes or is likely to cause obstruction of stormwater inlets, impairment of the flow of stormwater in city conveyances such as streets or gutters, or release of debris or chemical or biological materials into the municipal stormwater system. This notification shall include the location of the discharge, type of pollutant, concentration and volume, if known, and corrective actions taken by the owner. The owner shall document and submit to the public works department all pertinent information.
(d) In the case of any physical failure, including, but not limited to, structural, equipment, or media failure (e.g., failure of BMP fixtures including, but not limited to, screens, riprap, aerators, design features, and fences) of a privately owned structural BMP that may cause pollutants to enter the municipal stormwater system, the owner shall immediately notify the public works department of the incident. This notification shall include the location failure, type and extent of the failure, if known, and corrective actions taken by the owner. The owner shall document and submit to the public works department all pertinent information.
If privately owned BMPs are constructed, operated, and/or maintained in a manner that results in discharge of pollutants to the city's storm water drainage system, the director of public works may require the owner to implement additional structural and/or nonstructural BMPs to prevent the further discharge of pollutants to the storm water drainage system.
Alteration of a BMP could significantly change the treatment capability. Therefore, the owner shall notify the public works department at least 30 days in advance of any significant alterations to or breach of privately owned BMPs, including any removal, replacement, reconstruction, or increase or decrease in surface area or acre-feet of storage of more than 5 percent.
The facilities, equipment, practices, or operations of privately owned BMPs are subject to inspection by the city. The inspection may include, but is not limited to, sampling, photographs, interviewing staff on alleged violations, and access to any and all facilities or areas within the premises with any effect on the BMPs.
(a) The procedures for inspection in 53.079 and 53.080 and the state and federal constitutions apply to such inspections.
(b) It is a violation of city ordinance to maintain any temporary or permanent obstruction, preventing the city from obtaining safe and reasonable access to any BMP.
(c) Notice will be provided prior to inspections, except in emergency circumstances.
Any person or entity found to be in violation of this chapter or requirement imposed pursuant to this chapter shall be provided with a written statement identifying the nature of the violation and provided with a reasonable time limit for the satisfactory correction thereof not to exceed 90 days. The offender shall, within the period of time stated in the notice, permanently cease or correct all violations. Any person or entity who fails to cease or correct its violation or who reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public or the environment, will be served with a written Notice of Violation. The procedures in 53.096 through 53.101 shall apply to enforcement when a Notice of Violation is issued.
Any person found to be in violation of this chapter or requirement imposed pursuant to this chapter shall be guilty of a violation of city ordinances and shall be subject to penalties as prescribed by law or ordinances, specifically 40.999. Each day in which any violations shall continue is a separate offense.
Any person or entity found to be in violation of this chapter or requirement imposed pursuant to this chapter shall become liable to the city for any expense, loss, or damage occasioned to the city by reason of the violation.