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HomeMy WebLinkAboutItem VI (A) 3. Second Reading of Ordinance No. 99-36, re: Ocoee Stormwater System Pollutant Elimination Agenda 11-02-99 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 3 O Ocoee S.SCOTT VANDERGRIFT CITYOF OCOEE COMMISSIONERS pi4 a 150 N.LAKESHORE DRIVE DANNY HOWELL p SCOTT ANDERSON r.1. OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON (407)656-2322 NANCY J.PARKER e4 Op G00v CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: October 11, 1999 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Ocoee Stormwater System -Pollutant Elimination Ordinance One of the requirements of our NPDES permit is that we enact an ordinance that addresses the discharge of pollutants into the stormwater system and receiving waters. The attached proposed ordinance addresses these issues, and is modeled after similar ordinances that are now in place in the cities of Winter Park, Maitland, Orlando, and Apopka. The ordinance specifically prohibits the discharge of pollutants into the storm sewer system or into lakes and streams. The ordinance describes actions the city may take to prevent and eliminate pollutant discharges, and describes penalties that may be imposed on persons responsible for pollutant discharges. I recommend that the City Commission authorize the Mayor and City Clerk to execute Ocoee Ordinance No. 99-36. Attachment PoWF Protect Ocoee's Water Resources ORDINANCE NO. 99- 36 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE MANAGEMENT OF STORMWATER RUNOFF; AMENDING CHAPTER 150 OF THE OCOEE CITY CODE BY ADDING SECTIONS 150-20 THROUGH 150-28 BY PROHIBITING THE DISCHARGE OF POLLUTING MATTER INTO NATURAL WATERS; PROVIDING FOR THE CORRECTION AND DISCONTINUANCE OF PROHIBITED DISCHARGE; PROVIDING FOR IMMEDIATE ACTION UNDER EMERGENCY CONDITIONS; PROVIDING FOR LIABILITY FOR POLLUTION ABATEMENT; PROVIDING FOR REIMBURSEMENT TO THE CITY; LIMITING CITY LIABILITY FOR FLOODING; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR • CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Environmental Protection Agency's National Pollution Discharge Elimination System (NPDES) permit requires under Regulation 40 CFR 122.26 (d) (1) (ii) for the City of Ocoee to establish control through ordinance the discharges to the municipal stormwater system; and WHEREAS, the City of Ocoee is desirous to protect and enhance lake water resources in the City of Ocoee and to provide one set of regulations which are applicable throughout Ocoee to protect the lakes and other waterbodies for the health, safety and welfare of the citizens of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION 1.Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Sections 150-20 through 150- 28 of Chapter 150 of the Code of Ordinances of the City of Ocoee, Florida, are hereby adopted as follows: Sec. 150-20. Discharge of polluting matter in natural waters prohibited. It shall be unlawful for any person to knowingly drain, deposit, place or otherwise, directly discharge into any natural waters, receiving waters, outlets or stormwater management systems within the City, or to cause or permit to be drained, deposited, placed or otherwise discharged into such natural waters, receiving waters, outlets or stormwater management systems any organic or inorganic matter which causes or tends to cause pollution. Polluting 006.154643.2 • matter includes, but is not limited to, the following: (a) Petroleum products, including but not limited to oil, gasoline, and grease. (b) Solid waste. (c) Pet waste. (d) Chemicals. (e) Paints. (f) Soaps. (g) Laundry waste. (h) Steam cleaning waste. (i) Pesticides, herbicides or fertilizers. (j) Degreasers, solvents. (k) Heated water (from commercial or mechanical origin). (1) Sanitary sewage (wastewater). (m) Chemically treated cooling water. (n) Antifreeze and other automotive products. (o) Lawn clippings, leaves, branches, etc. (p) Animal carcasses. (q) Silt. (r) Acids or alkalis. (s) Recreational vehicle waste. (t) Dyes. (u) Construction materials (i.e., block, concrete, bricks, etc.). (v) Any groundwater which contains phosphorous or nitrogen concentrations greater than the surface water into which the groundwater is discharged. (w) Any water which exceeds the state surface water standards. 006.154643.2 (x) Toxic or poisonous solids or liquids. (y) Solids in such quantities or of such size capable or causing interference or obstruction to the flow in the City's stormwater system. Sec. 150-21. Correction and discontinuance of prohibited discharge. (a) The public works director may order the correction of any unsafe, nonconforming or unauthorized condition which is in violation of any provision of this Chapter. The public works director may also order the discontinuance of any activity causing such condition. (b) Whenever the public works director orders the correction or discontinuance of any condition or activity on any premises pursuant to this Chapter, the public works director shall notify the owner or other person responsible for such condition or activity in writing which notice shall state the nature of the violation, direct the person to correct or discontinue the condition or activity, and provide a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time period stated in such notice, permanently cease or correct all violations. Failure to comply with such order shall constitute a violation of the provisions of this Chapter. Sec. 150-22. Emergency conditions requiring immediate action. Notwithstanding any other provisions of this Chapter, whenever the public works director determines that conditions or activities exist requiring immediate action to protect the public health, safety, or welfare, he or his designee is authorized to enter, with written notice, at all reasonable times in or upon any property for the purpose of testing, inspecting, investigating, measuring, sampling and correcting such emergency conditions. The public works director may order verbally (followed in writing) the immediate discontinuance of any activity which causes or tends to cause the emergency condition. Failure to comply with such order shall constitute a separate violation of this Chapter. Sec. 150-23. Liability for pollution abatement. Any person responsible for pollutant discharge into any natural waters, receiving waters, outlets or stormwater management system in violation of this Chapter and who fails to correct any prohibited condition or discontinue any prohibited activity at the public works director's order shall be responsible to pay the necessary expenses incurred by the City in (i) carrying out the pollution abatement, including any expenses incurred in testing, measuring, sampling, collecting, removing, containing, treating, and disposing of the pollutant materials and (ii) correcting an emergency condition described in Section 150-22 hereof. Nothing in this section shall be construed to require City work to be done or to imply a duty by the City to fix conditions which are the legal responsibility of the owner(s) of the property or other person responsible for such condition or activity. This section is supplementary to City and Code Enforcement Board authority to order the property owner or other person responsible for such condition or activity to remedy the condition and is not intended to mandate that any financial 006.154643.2 obligations to be incurred by the City. Section 150-24. Reimbursement to City The owner or other person responsible for pollutant discharge in violation of this Chapter shall be obligated to reimburse the City for all costs and expenses incurred by the City pursuant to Section 150-23 above, plus interest thereon at the rate of eighteen percent (18%) per annum from the date the City incurs such costs and expenses through the date of payment thereof. All such costs and expenses, together with interest and the costs of collection as hereinafter provided, shall be immediately due and payable to the City, shall be the personal obligation of the property owner or other person responsible for pollutant discharge in violation of this Chapter and shall become a continuing lien upon the real property of the owner or other person responsible for pollutant discharge in violation of this Chapter. Any subsequent or new owner of such real property shall take title subject to such obligations to the City. An owner may not escape liability for such payment by abandonment of the real property. If such obligation to the City remains unpaid for a period of sixty (60) days from the date the City incurred such costs and expenses, then the City may take any action deemed necessary in order to collect the monies owed to the City, including but not limited to retaining the services of a collection agency or attorney, initiating legal proceedings for the collection. thereof, recording a notice of lien as hereinafter provided and/or foreclosing the same in the same fashion as mortgage liens are foreclosed. To give the public notice of the sums due to the City, the City Finance Manager may (but shall not be obligated to) record a notice of lien in the Public Records of Orange County, Florida, stating the description of the real property of the owner or other person responsible for pollutant discharge in violation of this Chapter, the name of the owner-of the real property and the amount then due and owing to the City. In the event that the City is required to enforce this Chapter, then the City shall be entitled to recover all costs and expenses incurred, including but not limited to its reasonable attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to, during or subsequent to court proceedings or on appeal. Liens for such City contracted work shall be coequal with all state, county and municipal taxes and shall be superior in dignity to all other liens, titles and claims until paid. • Sec. 150-25. Flooding; Liability. Floods from stormwater runoff may occasionally occur which exceed the capacity of stormwater management systems or facilities constructed, operated, or maintained by the City. This Chapter shall not be construed or interpreted to mean that property will always (or at any time) be free from stormwater flooding or flood damage, or that stormwater management systems capable of handling all storm events can be cost effectively constructed, operated, or maintained. Nor shall this Chapter create any liability on the part of, or cause of action against, the City, or any official or employee thereof, for any flood damage that may result from such storms or the runoff thereof. Nor does this chapter purport to reduce the need or the necessity for obtaining flood insurance by individual property owners. Sec. 150-26. Injunctive relief prohibiting discharge. In addition to other remedies provided for in this Chapter, the City may, immediately upon discovering an ongoing or potential discharge of pollutants into the City's natural waters, 006.154643.2 receiving waters, outlets or stormwater management systems in violation of this Chapter petition the Circuit Court of Orange C6unty, or the Federal District Court, for a temporary or permanent restraining order or preliminary injunction to halt or prohibit such discharge. Prior to the filing of such a petition, the public works director shall attempt to notify the owner of the property or other person responsible for the condition or activity in violation of this Chapter of the City's intention to file such action, but such notification shall not be a condition precedent to the City's petitioning for and obtaining injunctive relief. The City shall be entitled to receive an award of all attorneys fees and costs incurred in connection with any such action. Sec. 150-27. Penalties. (a) Any person violating any provision of this chapter shall, upon conviction, be punished as provided in § 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense. (b) Any person who violates any provision of this chapter shall be subject to. a civil penalty not exceeding $1,000.00 per day for each day that such person is in violation of this Chapter. (c) Any person who causes or allows an unauthorized discharge, or who otherwise violates the provisions of this chapter, may be required to appear before the code enforcement board of the City for enforcement proceedings pursuant to Chapter 7 of this Code and the procedure set forth in Chapter 7 shall be applicable to any such proceeding. (d) The remedies and penalties provided in this Chapter are not exclusive, and the City may seek whatever other remedies are authorized by statute, at law or in equity against any person who violates the provisions of this Chapter. Sec. 150-28. Appeal Procedure. Any person aggrieved by a determination of the public works director, that such person is in violation of this section shall have the right to an appeal of such determination to the city commission. An appeal must be perfected within 10 days after receipt of notice of any protested determination by filing with the City Clerk a letter of appeal briefly stating therein the basis for such appeal. The city commission shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the public works director should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show there was no substantial evidence to support the action taken by the public works director. At the conclusion of the hearing, the city commission shall make a final and conclusive determination. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 006.154643.2 • competent jurisdiction, such portion shall be deemed a separate, distinct and independent • provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Name S. Scott Vandergrift, Mayor Title: (SEAL) ADVERTISED October 21 , 1999 READ FIRST TIME October 19 ., 1999 READ SECOND TIME AND ADOPTED , 1999 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 1999 FOLEY & LARDNER By: City Attorney 006.154643.2 NOTICE OF PUBLIC HEARING Orlando '_Y CITY OF OCOEE The O lando Sentinel Notice is hereby given pursuant to Arti- cle VIII of the Constitution of the State of Florida and Section 166.041,Florida Published Daily Statutes,that the Ocoee City Commis- sion will hold a public hearing in the Commission Chambers,City Hall,locat- ed at 150 N.Lakeshore Drive,Ocoee, Florida a regular o be held on Novembers 2, 1999,oatnt7:115 Mate of f toribaS.S. p.m.,orer to consider or as ontthereafter er as possible,of the followingordinance: COUNTY OF ORANGE ORDINANCE NO.99-36 ANBefore the undersigned authority personally appeared BEVERLY C.SIMNIONS OC E ,FLORIDAORDINANCE OF THE CITY OF OCOEE,FLORIRELATING TO THE MANAGEMENT. OF STORWATER , who on oath says RUNOFF AMENDING CHAPTER 150 that he/she is the Legal AdvertisingRepresentative of The Orlando Sentinel, a dad OF THE OCOEE CITY CODE BY ADD- ING p y SECTIONS 150-20 THROUGH 150- newspaper published at On A N D 0 in 28 BY PROHIBI ING THE NSC HA GE OF POLLUTINGDR ft it F County, Florida; RAL WATERS; PROVIDING FOR THE that the attached F copyQf adver�iserp�nt,being a �'3 i)I I C C OF PUP-LIC 0 CORRECTION AND DISCONTINUANCE PRO- in the matter of U1lI7• y Sb VOIDING ORITED IMMEDIATE ACTION UN- DERPRO- DINGERFOR Y LIABILITY FOR in the 0RANIr. Court, POR LLUTION ABATE ENT. RO IDIN REwas published in said newspaper in the issue;of 1 F]/71/91 LIMITING CITY LIABILITY FOR FLOOD- ING;PROVIDING FOR INJUNCTIVE RE- LIEF; PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS; PROVID- ING FOR SEVERABILITY;PROVIDING FOR Affiant further says that the said Orlando Sentinel is a newspaper published at EF ECTIIVDEFDATE.ON; PROVIDING AN OL A N D fl in said Interested parties may appear at the o R AN(.E County, Florida, meeting and be heard with respect to theand that the said newspaper has heretofore been continuouslypublished in posed eoo ordinance may copy ami the pro- and ordinance be examined In said ORAflitE County, Florida, the office of the City Clerk at City Hall, Y 150 N.Lakeshore Drive,Ocoee,Florida, each Week Day and has been entered as second-class mail matter at the post between the hours of 8:00 a.m, and office in 0 4L t�D D in said 5'00 p•m.,Monday through Friday,ex- cept legal holidays. OR ANGF County, Florida, NOTICE:Any person who desires to apfor a period of one year next preceding the first publication of the attached siionewithnrespectlto nymby atter Commis- copy oferect at such meeting advertisement; and affiant further says that he/she has neither paid ng will need a record of the proceedings and for such pur- nor promised any person, firm or .f.oration any di count, rebate, pose may need to ensure that a verba- commission or refund for the purpos• . securinghis rtis=ment for tim record of the proceeding is made, which record includes the testimony publication in the said newspaper. and evidence upon which me appeal is based.Persons with disabilities need- al ��f✓ - r ��4., Yt rA, ing assistance to participate in any of these proceedings should contact the The foregoing instrument was acknswled ed before me his 21st dayof Office of the City Clerk, 150 N.Lake- The g shore Drive, Ocoee, FL 34761, OCTOBER , 19_ 99, b :%Di: 4vON (407)656-2322 Ext.146,48-hours in ad- vance of the meeting. who is personally known to me a d who di. -ke an oath. Jean Grafton,city Clerk October 21,1999 . _ OLS2969070 Oct.21,1999 (SEAL) _ 6.-r- Ju IA NICHOLS r� -..\.? ry Comm Exp.9/23r.3001. nc:r:• v o• Borldeo By Sen/ Ins .. • o.6ti5016 "mKnawn ( Other ID . ... a . .