HomeMy WebLinkAbout18- Ordinance 2002 Emergency Ordinance Clarifying Penalties for Stormwater Permits and Construction Compliance ORDINANCE NO. 2002
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA AMENDING CHAPTERS 10 AND 40 OF THE BOZEMAN
MUNICIPAL CODE TO ENSURE COMPLIANCE WITH STORMWATER
CONSTRUCTION STANDARDS, CLARIFY CRIMINAL PENALTIES APPLY TO
VIOLATIONS OF ORDERS OF BUILDING INSPECTORS AND STORMWATER
STANDARDS, REQUIRE STORMWATER PERMITS FOR CERTAIN TYPES OF
CONSTRUCTION, AND PROVIDE FOR ABATEMENT LIENS AND AN IMMEDIATE
EFFECTIVE DATE
WHEREAS,Pursuant to Section 2.01 of the Bozeman City Charter, all powers of the City
are vested in the City Commission; and
WHEREAS, Section 2.02.140 of the Bozeman Municipal Code authorizes the
Commission by an affirmative vote of four-fifths of its members to pass emergency measures for
the immediate preservation of the public peace, property, health, or safety and which ordinance
may take effect the time indicated therein; and
WHEREAS, the City operates pursuant to its Charter and self-governing powers and is
authorized to exercise any power not prohibited by the constitution, law or charter; and
WHEREAS, 7-5-4204, MCA, authorizes the Commission by a two-thirds vote to adopt
emergency measures if the same are immediately necessary for the preservation of peace, health,
and safety; and
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Ordinance 2002(Emergency),Providing for Increased Compliance with Storntwater Management and Construction Standards
WHEREAS, the city's Municipal Separate Storm Sewer Permit (MS4) requires the City
to adopt provisions protecting water quality from stormwater runoff into the city's municipal
stormwater drainage system; and
WHEREAS,the city adopted standards,has conducted numerous trainings,and has sought
voluntary compliance with such standards yet the construction industry's compliance with the
City's adopted stormwater construction standards is not meeting the city's requirements for its
MS4 permit or the city's goals for protecting water quality, property including property owner
association maintained stormwater basins, the city's street and stormwater infrastructure, or the
health and safety of its residents as demonstrated by the city's public works department during a
presentation given on March 26, 2018; and
WHEREAS, the city's public works department has documented significant impacts to
the city's stormwater facilities and other public infrastructure such as stormwater basins from non-
compliance of the city's stormwater standards; and
WHEREAS, additional regulatory measures are needed to ensure property owners and
construction contractors comply with the city's adopted stormwater construction standards to
prevent pollutants from unnecessarily entering the city's watercourses which will affect water
quality and degrade aquatic habitats potentially causing impacts to public health, impacting
property, and requiring investment of public monies to restore infrastructure and waterways;
WHEREAS, additional regulatory measures are needed to protect significant investments
in public and private stormwater control infrastructure from unnecessarily being clogged by
uncontrolled stormwater discharges from construction sites;
WHEREAS, additional regulatory measures are need to protect the quality of life for
Bozeman's residents from the unnecessary tracking of silt,mud,and other debris from construction
sites into public rights of way, across private property, and have such silt, mud and other debris
negatively affect the public peace and general welfare; and
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Ordinance 2002(Emergency),Providing for Increased Compliance with Stormwater Management and Construction Standards
WHEREAS, additional regulatory measures are needed to ensure the city continues to
comply with the Montana Department of Environmental Quality's conditions for the city's
municipal stormwater (MS4)permit; and
WHEREAS,after a winter of heavier than average snowfall,it is reasonable to expect high
levels of surface water runoff across frozen or snow covered ground in the month of April, 2018
and without the provisions of this ordinance becoming effective immediately significant impacts
to the city's stormwater management system, public street infrastructure, water quality will occur
that may costs the city's residents money to clean and restore such infrastructure; and
WHEREAS, all portions of this ordinance are necessary and work in unison to protect the
peace,public health, safety, and general welfare of the city.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The following subsections shall be added to 10.02.010, BMC (Model technical codes and
administrative rules):
C. Authority to withhold certificate of occupancy. In addition to other authority provided by
any model technical code adopted under the authority of this chapter, a building official
of the city may withhold the issuance of a certificate of occupancy when the available
evidence shows the structure and associated development does not conform with the
standards and requirements of the following:
1. any model technical code, as such may be amended by the city;
2. the provisions of a building permit;
3. chapter 38 of this code; and
4. chapter 40 of this code or a permit issued pursuant to chapter 40 including failure
to pay costs of abatement as ordered pursuant to 40.04.950.
Once the nonconformity has been resolved to the satisfaction of the building official, a
certificate of occupancy may be issued.
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Ordinance 2002(Emergency),Providing for Increased Compliance with Stormwater Management and Construction Standards
D. Authority to issue stop work orders. In addition to authority granted under this code and
under any applicable model technical code adopted under the authority of this chapter, a
building official of the city may issue an order requiring any owner, contractor,
subcontractor, or any other person performing work pursuant to a permit issued under this
chapter to immediately stop all work of any kind related to the permit when the available
evidence shows the structure and associated development does not conform with the
standards and requirements of:
1. any model technical code, as such may be amended by the city;
2. the provisions of a building permit;
3. chapter 38 of this code; and
4. chapter 40 of this code or a permit issued pursuant to chapter 40 including failure
to pay costs of abatement as ordered pursuant to 40.04.950.
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed by the city to perform to remove a
violation or unsafe condition, shall be subject to the penalty provision of 10.02.100. The
issuance of a stop work order cancels any pending inspections. The city will not inspect
any work other than work necessary to correct nonconformity until the stop work order is
lifted.
Section 2
Section 10.02.010.0 is repealed in its entirety.
Section 3
A new section 10.02.100, BMC (Violation/Penalty) is added to read as follows:
In addition to the provisions of any adopted model technical code, any person, firm or
corporation, their agents or servants, who violates any of the provisions of this chapter, the
provisions of a building permit, or the provisions of any model technical code adopted
pursuant to this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine in any sum not exceeding $500 and in addition shall pay all costs
and expenses of the case. A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
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Ordinance 2002(Emergency),Providing for Increased Compliance with Stormwater Management and Construction Standards
Section 4
Wherever in Chapter 40, Article 4 of this code the code refers to the city engineer such
reference shall be replaced with director as is defined by section 5 of this Ordinance.
Section 5
The following definition is added to 40.04.070, BMC,to be placed in alphabetical order within
the current definitions and with the numbering of all other definitions adjusted in accordance
with such addition.
"Director" shall mean the director of the city's public works department.
Section 6
Section 40.04.010, BMC, (Purpose and Intent) is amended as follows:
A. The purpose and intent of this article is to:
1. Protect and enhance the water quality of Bozeman Creek, the East Gallatin River,
water bodies, groundwater and wetlands in a manner pursuant to and consistent
with the Clean Water Act of 1972 and the US EPA Phase II Stormwater
Regulations.
2. Minimize non-stormwater discharges to storm drains and minimize pollutants in
stormwater discharges.
3. Provide design, construction, operation, and maintenance criteria for permanent
and temporary on-site stormwater management facilities to control stormwater
runoff.
4. Establish legal authority to conduct inspections, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this article.
5. Establish legal authority to develop, implement, and enforce a program to reduce
pollutants in stormwater runoff from construction activities.
6. Establish legal authority to develop, implement, and enforce a program to address
stormwater runoff from new developments and redevelopment projects and provide
for the issuance of penalties for violations of this article.
7. Provide an equitable distribution of cost for the program including but not limited
to the fee schedule in accordance with "Rates for Storm Sewers" as hereafter
established by commission resolution.
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Ordinance 2002(Emergency),Providing for Increased Compliance with Stormwater Management and Construction Standards
8. Provide for the issuance of a permit system for construction activities occurring
within the city to meet the purposes and intents of this article.
Section 7
Sec. 40.04.350 (Required construction submittals) is amended as follows:
Sec. 40.04.350. -Required construction submittals/Permits/Fees.
A. Any construction activi within the city4A1S4-aiea—,4iafl must comply with the provisions
of this article, the city's Stormwater Maste Management Plan, the currently adopted
State of Montana's General Permit for Stormwater Discharges Associated with
Construction Activities S*ccrccTC6irscructi6= general permit for stomi-water—diSC�ti-afges
assoeiated with nstr, ction ,,efivity, MCA 75-5-101, and the Administrative Rules of
Montana(ARM 17.30.1101; 17.30.1301 et seq. and ARM 17.30.601 et seq.). The eity Will
require, at a miffli an exeouted eopy of the state standard notiee of intent (�101) fo
for-a stofmwateF disehafge assoeiated with eonstruetion aetivity under the General Pel!ffl
ditches for , „s,f,,etior si4es of less than one aere�;
B. The city may require Aany person performing support activities related to a construction
site(e.g.,concrete or asphalt batch plants,equipments staging yards,material storage areas,
etc.)within the city's MSS area r .y to provide the following:NOI, SWPPP,NOT,
similar to the requirements of construction activity provided that:
1. The support activity is not a commercial operation serving multiple unrelated
construction projects and does not operate beyond the completion of the
construction activity;
2. Appropriate controls and measures are identified in the SWPPP for discharge from
support activity;
3. The support activity disturbs an area that is one acre or greater in size or is within
50 feet of any watercourse
C. In accordance with the state's reporting requirements the property owner shall also notify
the city when there is any facility contact change,any spill or release,any finding that there
has been non-compliance with the SWPPP.
D. The city shall conduct all inspections of any construction activities requiring a SWPPP and
for city permits required under this article for all work within the r,rcn
E. The city will enforce the requirements under the state's general permit for stormwater
discharges associated with construction activity in whole or in part determined by the city's
enforcement agent.
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Ordinance 2002(Emergency),Providing for Increased Compliance with Storinivater Management and Construction Standards
F. As required by the director, Tthe owner shall retain completed and signed copies of the
NOI, MDEQ's confirmation letter for receipt of the NOI package, and a SWPPP at the
construction activity project site at all times during the coverage period. If the operator
does not maintain a permanent office or building at the project site, copies of these
documents shall be retained at the operator's office and shall be brought to the project site
by the operator responsible for implementation of the SWPPP.
G. Upon failure of the owner to take corrective actions on, or prior to, a required date of a
reported or observed spill or the potential to release pollutants,including sediment, into the
stormwater system,public right-of-way,private infrastructure,or state waters,the city may
either perform the corrective work or employ contractors to do the same. The owner shall
reimburse the city for all expenditures pertaining to the corrective action.
H. The city's enforcement agent and an official of the city's building division has the authority
to issue a stop work order pursuant to the remediation of a current violation or the potential
of a violation of this article.
I. Permission to enter. The city's enforcement agent,—and an official of the city's building
division may conduct such investigations, examinations and site evaluations as they deem
necessary to verify the information supplied or the execution of approved work. The
submission of material for review and for a required permit shall constitute a grant of
permission to enter the subject property. The grant of permission shall continue until all
final actions required by the permit process have been completed including any
follow up monitoring. The permission to enter extends to contractors working on the city's
behalf.
J. All construction activities within the city must comply with the following and obtain a
permit from the director prior to the commencement of any construction activities on the
site or issuance of a building permit, whichever is earlier, by submitting any pplication
materials required by the director as follows:
1. Sites where construction activities will disturb one acre or greater: All
construction activities where construction activities will disturb one acre or greater
must comply with the requirements of this article and the permit issued by the
director. The owner of property where such work will be commenced must obtain
a permit for such work from the director by providing materials required by the
director,an executed copy of the state's NOI,the SWPPP, other documents such as
but not limited to a state issued dewatering permit and, upon completion, a NOT.
2. Sites less than one acre where multi-household commercial or industrial
development is occurring: All construction activities on sites less than one acre in
size for the development of multi-household, commercial, or industrial
development must submit the permit application materials required by the director
and comply with the requirements of this article and the requirements of the permit
issued by the director. The director may authorize construction activities for multi-
household, commercial, or industrial development disturbing less than 10,000
square feet to submit a permit under 40.04.350.J.3.
3. Sites less than one acre where single-household development is occurring: All
construction activities on sites less than one acre for the construction of single-
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Ordinance 2002(Emergency),Providing for Increased Compliance with Storinwater Management and Construction Standards
household structures must submit the permit application materials required by the
director and comply with the requirements of this article and the requirements of
the permit issued by the director.
K. The city may charge a fee for permits issued under this article pursuant to a fee schedule
adopted by resolution of the commission.
L. By pplyin for or a permit as required by this article, a property owner consents to the city
filing a lien for non-payment of abatement costs and withholding the issuance of a
certificate of occupancy for a building permit pursuant to 10.02.010.1), or issuing a stop
work order for a building_permit under the authority of this article or pursuant to
10.02.010.E any for violation of this article or a permit issued under this article.
Section 8
Section 40.04.370, BMC (Construction activity on less than one acre) is amended as follows:
The eit-y may apply this ai4iole in whole or- in paA faf eonstrue4ion si4es or lots that afe less
gian one aefe if it is determined that appropriate good housekeeping praefiees or best management
sediment transpoft into publie -rights of way or any adjoining property that eauses
that exceeds Fr-e eo�etien—aetiv s—The provisions of this article and the permit
required pursuant to 40.04.350 apply to all construction activities occurring on sites less than one
acre.
Section 9
Section 40.04.910, BMC (Violations constituting misdemeanors) is amended as follows:
The Any person, firm or corporation, their agents or servants who violates any
provision or requirement of this article or of a permit issued pursuant to this article,, "�o=w
failure t eomply withany of the mandatory,.o,,uire„ er s (this .,,bile shall be guilty of
eonstitute a misdemeanor:and, upon conviction thereof, shall be punished by a fine not
exceeding $500.00 and in addition shall pay all costs and expenses of the case. A separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 10
Section 40.04.950, BMC (Administrative enforcement power) is amended as follows:
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Ordinance 2002(Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
A. In addition to the other enforcement powers and remedies established by this article, any
city enforcement agent has the authority to utilize the following administrative remedies:
1. Cease and desist orders/stop work orders. When a city enforcement agent finds
that a violation d s has taken place or is likely to take place in Violation of
this afti , the agent may issue an order to cease and desist such violation
discharge, or practice, or operation likely to cause such violation diseharge and
direct that those persons not complying shall must:
a.Comply with the requirements of the enforcement agent, the provisions of
this article and a permit issued pursuant to this article;
b.Comply with a time schedule for compliance as required by the enforcement
agent;_, and/O
c.Take appropriate remedial, corrective, or preventive action as required by
the enforcement agent to prevent the violation from continuing or recurringi
and
d.Order a property owner, contractor, or an,, other responsible for or
appearing to conduct work of that may have conducted work that maybe
in violation of the provisions of this article to immediately stop all work
related to any violation until any such violation has been corrected or
abated or until any costs of abatement borne by the city have been paid to
the city.
2 "lo ieeto-oleanAbatement order. Whenever a city enforcement agent finds any
construction debris, pollutants, oil, earth,, dirt, grass, weeds, dead trees, tin cans,
rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or upon any parcel of land or grounds,
within a public or private right of way or street, alley, parking lot, located on
neighboring parcels,or in close proximity to any open drain or ditch channel,which
may result in an increase in pollutants or any of the items listed herein entering the
storm drain or a non-stormwater discharge to the storm drain, such agent may give
netise issue an order to abate, remove and lawfully dispose of such material in any
manner that the agent reasonably may provide. The recipient of such notice shall
undertake the activities as described in the notice within the timeframes set forth
therein.
deseribed in the nefiee to be performed, and the eost thereof shall be assessed and-
iffvaieed to the owner-of the propeft�-if the invoiee is not paid within 60 ealend
days, ., lie shall be plaee.1 , pon and against the„rope,tom,
3. Invoice; notice of intent to file nuisance abatement lien. In the event the owner or
operator of a facility fails to conduct the activities as described in the abatement
order,the enforcement agent may cause such required activities as described in
the order to be performed, and the cost thereof shall be assessed and invoiced to
the owner of the property with a notice that failure to pay the costs assessed and
invoiced within 30 calendar days will result in a nuisance abatement lien being
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Ordinance 2002(Emergency),Providing for Increased Compliance with Stormtivater Management and Construction Standards
recorded against the property. The notice must be served on the owner according
to the procedures set out in 16.02.080.
4. Statement of costs. The enforcement agent must, after completing the abatement,
file a statement of costs with the department of finance. Assessment of the costs
must follow the procedures in 16.02.120.
5. Recording n of lien; lien release.
a.After notice of nuisance abatement lien has been served on the property
owner,the city may file a lien against the property for the costs assessed
and invoice the owner of the property pursuant to 40.04.930 and 40.04.950
if the owner or the owner's agents fail to pay costs assessed and invoiced
within 30 calendar days of the date the city_ mailed the invoice to the
owner of the property,
b.The nuisance abatement lien must specify the amount of the lien,that the
lien is imposed on behalf of the city,the date of the abatement order,the
street address and legal description of the property on which the lien is
imposed, and the name and address of the recorded owner of the parcel.
c.The city may file such lien in the records of the Gallatin County Clerk and
Recorder.
d.Pursuant to 40.04.350.L, the owner of property subject to submittal of a
permit required by this article consents to filing of such a lien.
e.The city must file a document evidencing the satisfaction of such lien
within 30 days after the date the lien is satisfied.
Section 11
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
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Ordinance 2002(Emergency),Providing for Increased Compliance with Storinwater Management and Construction Standards
Section 12
Savings Provision.
This ordinance does not affect penalties that were incurred or proceedings that commenced
prior to the effective date. All sections of this ordinance other than the permit requirement in
Section 7 (40.04.350.J) are applicable to building permits or approved stormwater construction
management plans approved prior to the effective date. In addition,this ordinance does not affect
the rights and duties that matured, penalties that were incurred or proceedings that were begun
before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code
not amended by this Ordinance shall remain in full force and effect.
Section 13
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 14
Codification.
This Ordinance shall be codified as indicated in Section 1 - 10.
Section 15
Effective Date.
This ordinance shall be in full force and effect immediately upon passage on the 26th day
of March, 2018.
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Ordinance 2002(Emergenc}),Providing for Increased Compliance with Stornnvater Management and Construction Standards
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, as an emergency measure at a regular session held o e 26th day of March,
2018 by a vote of in favor and opposed.
YN
Mayor
ATTEST: ,�' p�. • • •Z4,
�l
■ III ■
ROBIN CROUGH
City Clerk �',�'. ga3 ,•�ytr`.
L�TIN CO 0 APP OVE O FORM:
VUIGLLIVAN
Cityey
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