HomeMy WebLinkAboutOrdinance 99-36
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 PROIDBITING THE DISCHARGE OF
POLLUTING MATTER INTO NATURAL WATERS;
PROVIDING FOR THE CORRECTION AND
DISCONTINUANCE OF PROIDBITED 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. Authoritv. 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
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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.
(t) Soaps.
(g) Laundry waste.
(h) Steam cleaning waste.
(i) Pesticides, herbicides or fertilizers.
G> 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.
(0) Lawn clippings, leaves, branches, etc.
(p) Animal carcasses.
(q) Silt.
(r) Acids or alkalis.
(s) Recreational vehicle waste.
(t) Dyes.
(u) Construction materials (Le., 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.
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(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, receIvmg
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
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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. Iniunctive relief prohibitinl! 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,
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receIvmg waters, outlets or stormwater management systems in violation of this Chapter
petition the Circuit Court of Orange County, 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. Severabilitv. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
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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.
immediately upon passage and adoption.
This Ordinance shall become effective
PASSED AND ADOPTED this 2.wL day of ~~\.Iu'td~~'(\ ,1999.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
~i~if
S. Scott Vandergrift, Mayor
~~t1M.J JADlltU
Name t"'\fliI5l:r..Q,N, GA.~SN
Title: ~~T:E:toJGo Col.'" C.LIU..~
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS T~ FORM AND
L~.G ALITY this (f.. day of
JVo~\o<r-, 1999
ADVERTISED October 21 . 1999
READ FIRST TIME October 19
1999
READ SECOND TIME AND ADOPTED
Nove ,,^~e'(' 2. . 1999
UNDER AGENDA ITEM NO. ""\IT ~ ~
FOLEa& LARD~ .1l- /J
By: ~?v~
City Attorney
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