City of Bellingham Municipal Code

15.42.070 - MAINTENANCE, INSPECTION AND ENFORCEMENT

A. General Requirements

1. Maintenance required: All stormwater facilities shall be maintained in accordance with this Ordinance and the Stormwater Management Manual. Systematic, routine preventive maintenance is preferred.

2. Minimum standards: The following are the minimum standards for the maintenance of stormwater facilities:

a. Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility.

b. Grassy swales and other biofilters shall be inspected monthly and mowed or replanted as necessary. Clippings are to be removed and properly disposed of.

c. Maintenance of stormwater facilities including LID facilities, which may include, but are not limited to, bioretention, dispersion, and infiltration facilities, amended soils, pervious sytems, vegetated roofs, or roof water harvesting, shall be maintained consistent with conditions of approval, and recorded agreements against subject properties, and City standards as enacted at the time of approval.

d. Where lack of maintenance is causing or contributing to a water quality problem or violation, immediate action shall be taken by the subject property owner to correct the problem.

3. Compliance: Property owners are responsible for the maintenance, operation and repair of stormwater drainage systems and BMPs unless the City has accepted maintenance responsibility in writing and a written easement exists granting the City an adequate and sufficient right, in the City's discretion, to enter the property and conduct these activities. Property owners shall maintain, operate and repair the facilities in compliance with the requirements of this Ordinance and the DOE Manual (current entition).

1. Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this Ordinance has been or is being committed, the inspector is authorized to inspect stormwater drainage systems within Bellingham to determine compliance with the provisions of this Ordinance.

2. Development Inspection: All new development shall provide for and install adequate runoff controls per an approved SSP or SWPPP. Failure to provide such required runoff controls prior to or simultaneously with the commencement of land disturbance activities shall result in an order to stop all work upon the site for a minimum of 3 working days, provided that such work that is necessary to bring the site into compliance with this Code, permits, or an approved SSP or SWPPP shall be allowed to continue.

1. Orders: The Director shall have the authority to issue to an owner or person an order to install, maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this Ordinance, the DOE Manual (current edition), and/or City regulations. The order shall include:

a. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

b. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

c. A reasonable time to comply, depending on the circumstances.

2. Civil penalty: In addition to any other remedy or sanction available, a person who fails to comply with a final order issued by the Director or City Council pursuant to this chapter, or who fails to conform to the terms of an approval issued, shall be subject to a civil penalty.

a. Amount of Penalty. The penalty shall be not less than $100 or exceed $5,000 for each violation. Each day of continued violation or repeated violation shall constitute a separate violation.

b. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

c. Notice of Penalty. A civil penalty shall be imposed by the Director, by a notice in writing, which shall be served either by certified mail with return receipt requested or by personal service, to the person incurring the same. The notice shall describe the violation, the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time.

d. Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the Director of Public Works (or designee) for remission or mitigation of such penalty. Upon receipt of the application, the Director of Public Works may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The Director's decision may be appealed to the Hearing Examiner within 10 days of the decision.

e. Appeal of Civil Penalty. Persons incurring a penalty imposed by the Director may appeal in writing within 10 days of the receipt of the notice of penalty to the Hearing Examiner. The Hearing Examiner shall hold a de novo hearing to consider the appeal and may affirm, modify or reverse the penalty. The decision of the Hearing Examiner may be appealed to Superior Court within 10 days of the date of the Hearing Examiner's decision.

4. Penalty recovered: Penalties recovered shall be paid to a fund dedicated to enforcement and/or enhancement of the stormwater management program.