§ 6-3-405. Control of runoff discharges.

(a)

New development and significant redevelopment.

(1)

All new development and significant redevelopment within the city shall be undertaken in accordance with:

a.

When required by, and in accordance with the LIP, a WQMP; and

b.

Any conditions and requirements established by the community development department, which are reasonably related to the reduction or elimination of pollutants in runoff from the project site.

(2)

When required by the LIP, prior to the issuance by the city of a grading permit, building permit and/or safety permit for any new development or significant redevelopment, the property owner shall submit to and obtain the approval of the community development department of a WQMP. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or safety permit, the property owner shall submit to and obtain the approval of the community development department of a WQMP prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map.

(3)

Notwithstanding the foregoing sections 6-3-405(a)(1) and 6-3-405(a)(2), a WQMP shall not be required for construction of a (one) single-family detached residence unless the city community development department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.

(4)

Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of this article.

(5)

If the city community development department determines that the project will have a de minimis impact on the quality of runoff, then it may issue a written waiver of the requirement for preparation and approval of a WQMP.

(6)

Each WQMP shall name a responsible party for the project.

(7)

The owner of a new development or significant redevelopment project, their successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved WQMP.

(8)

Each failure by the owner of the property, their successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements of an approved WQMP shall constitute a violation of this article.

(9)

The city community development department may require that the WQMP be recorded with the county recorder's office by the property owner. The signature of the owner of the property, any successive owner or the named responsible party shall be sufficient for the recording of the plan or any revised plan and a signature on behalf of the city shall not be required for recordation.

(b)

Cost recovery. The costs and expenses of the city community development department incurred in the review, approval, or revision of any WQMP shall be assessed to the property owner or responsible party and shall be due and payable to the city. The city community development department may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party.

(c)

Litter control. No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system.

Every person occupying or having charge and control of private property on which a prohibited disposal of waste materials occurs shall cause the property collection and disposal of same.

A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of private property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.

(d)

Every person owning property, conducting any activity or operation, or maintaining any facility shall comply with the applicable BMPs as identified in the LIP. in order to prevent, to the MEP, pollutants from entering the stormwater drainage system.

(Ord. No. 2010-161, § 2, 11-16-10)