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HomeMy WebLinkAbout2004 01 26 Public Hearings 401 . COMMISSION AGENDA ITEM[ 401 Consent Informational Public Hearin X Re ular January 26, 2004 Meeting Mgr. ~ / Dept. Authorization REQUEST: The Public Works Department requests that the City Commission consider tht~ Second Reading of Ordinance 2004-01 amending Chapter 19, Article V, of the City Code of Ordinances, entitled Stormwater Management Utility. PURPOSE: The purpose of this ordinance to comply with the legal authority requirement on the final enforcement authority for the elimination of illicit stomlwater discharges as delineated in our NPDES permit issued by the EPA. . APPLICABLE LA'V AND PUBLIC POLICY: NPDES Permit The National Pollution Discharge Elimination System "NPDES" permit regulates the discharge of pollutants into the waters the United States. The City is a NPDES permittee along with the County and seven cities. One of the specific permit conditions for the City is to incorporate into the code of ordinances provisions for the control of illicit discharges including enforcement actions. This ordinance fulfils the permit conditions. CONSIDERATIONS: The EPA requested in a letter dated August 7, 2003 concerning the City of Winter Springs portion of the Seminole County Year 3 NPDES MS4 Annual Report - Request for Additional Information (RAI), a schedule to comply with the legal authority requirement on the . final enforcement authority for the elimination of illicit discharges. . Public Hearing Agenda Item 401 January 26, 2004 Page 2 The ordinance inc.orporates language addressing allowable stormwater discharges, elimination of illicit discharges and enforcement authority as outlined in Part II 7. a of the permit. The ordinance public notification was published on January 15, 2004. The second reading of Ordinance 2004-01 has not been changed from the first reading. It has been confirmed that the school facilities are paying the appropriate stormwater user fees. IMPLEMENTATION SCHEDULE: Jan. 12,2004- Jan. 15, 2004 - 1 st Reading Ordinance 2004-01 Public Noticing in Orlando Sentinel for 2nd Reading! Adoption by the Commission 2nd Reading! Adoption Ordinance 2004-01 Jan. 26, 2004 - . STAFF RECOMMF:NDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading of Ordinance 2004-01, amending the Code to comply with the legal authority requirement on the final enforcement authority for the elimination of illicit stonnwater discharges as delineated in our NPDES permit issued by the EPA. ATTACHMENTS: 1. Ordinance 2004-01 COMMISSION ACTION: . . ORDINANCE NO. 2004-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 19, ARTICLE V, OF THE CITY CODE OF ORDINANCE, ENTITLED STORMW A TER MANAGEMENT UTILITY; PROVIDING PURPOSE AND INTENT; PROVIDING AN AMENDED RA TE STRUCTURE; PROVIDING POWERS AND DUTIES OF THE ADMINISTRA TIVE OFFICIAL; PROVDING PROIDBITED ACTS; PROVIDING FOR INSPECTIONS, MONll.TORING, AND COMPLIANCE; PROVIDING FOR ENFORCEMENT AND PENAL TIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABIJLITY, AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. vrn of the Florida Constitution, to exercise any power for municipaJ purposes, except when expressly prohibited by law; and . WHEREAS, the collection of and disposal of storm and surface water are of benefit and provide services to all property within the City including property not presently served by Ithe stormwater utility; and WHEREAS, the cost of operating and maintaining the city stormwater management utility system and financing necessary repairs, replacements, improvements and extension thereof should, to the extent practicable, be allocated in relationship to the user impacts, benefilts enjoyed and services received there from; and WHEREAS, all property within the city demonstrates a hydrologic response to rainfall events which generates stormwater runoff. The volume. rate, and quality of this runoff will vary with the soil type, land use conditions, topographic conditions, and other variables. In particular, the construction of commerciaJ units on previously undeveloped property will generally increase the volume and rate of stormwater runoff, and adversely affect its water quality; and WHEREAS, in accordance with Section 403.0893, Florida Statutes. the City may establish one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate. and maintain stonnwater management systems; and WHEREAS, the City is a permittee of the National Pollution Discharge Elimination System ("NPDES"), which regulates the discharge of pollutants into waters of the United States; and . City of Winter Springs Ordinance 2004-01 Page 1 of 15 . WHEREAS,. the Utility/Public Works Director and the City's environmental consultant, upon review of the NPDES permit, City Code, and City procedures, have recommend that certain changes to the City; and WHEREAS:, the City Commission is aware of the Florida Supreme Court's recent decision in City of Gainesville v. State, 2003 WL 22052315 (Fla. 2003) and desires to amend its stormwater utility fee structure to ensure conformance with the Supreme Courts .opinion; and WHEREAS!, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to provide for the amendment of code relating to Storm water Management Utility; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and c.orrect and are hereby incorporated herein by this reference as legislative findings of the City Commission. . Section 2. Code Amendment, Chapter 19, Article V. The City of Winter Springs Code, Chapter 19, Article V, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 19. Article V. It is intended that the text in Chapter 19, Article V, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 19 - UTILITIES * * * ARTICLE V. STORMW A TER MANAGEMENT UTILITY See. 19-161. Title. This Article V shall be known and may be cited as the "Stormwater Management Utility" article and the provisions hereof shall pertain to all lands within the City of Winter Springs except as is otherwise herein provided. See. 26-161.5. Puntose and intent. It is the purpose and intent of this Article to establish stormwater management as a city utility and t.o establish a program of user charges and fees for stormwater management services. which charges and fees are to be levied against all developed property within the city to accomplish the purposes of such utility. See. 19-162. Defilllitions. . City of Winter Springs Ordinance 2004-01 Page 2 of IS . For the purpose of this article, the following deftnitions shall apply; words used in the singular shall include the plural. and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use. Best Management Practices (BMP's) shall mean schedules of activities, prohibitions of practices. maintenance procedures, treatment methods and other management practices to prevent or reduce pollutants from entering the MS4 or being discharged from the MS4. City shall mean the City of Winter Springs. Clean Water Act or CWA shall mean Public Law (PL) 92-500. as amended PL95-217, PL95-576. PL6-483, PL97-117 and 33 V.S.C. 1251 et seq.. as amended by the Water Quality Act of 1987, PLl 00-4. Construction activities shall mean the alteration of land during construction and includes such activities as clearing, grading, and excavation. Developed property shall mean any parcel which contains impervious area. . Director shall mean the director of the stormwater management utility Director of Public Works of the City of Winter SpringS, or the director's designee. DischarRe shall mean the release of liQuid, solid or gaseous material and includes, but is not limited to, a release, spilling, leaking. seeping. pouring. emitting, emptying and/or dumping of any substance of material. Dwelling unit shall mean any single residential space identified for habitation by persons and including permanent provisions for living, sleeping, eating. cooking and sanitation or as classified by the City Building Code, including, but not limited to: residential rooms or combination of rooms designed to be occupied on a permanent or long-term basis not otherwise deftned as a hotel or motel; apartment units; condominium units; multi-family units and prepared mobile home spaces. Multi-unit residential structures or complexes shall be deemed to consist of multiple dwelling units. regardless of whether or not such are served by a single water or sewer connection. Boarding houses and rooming houses as elsewhere deftned in this Code shall constitute one (1) equivalent single-family residential unit. Equivalent residential unit (ERU) shall mean the statistical average impervious area of residential developed property per dwelling unit within the city. The numerical value of one (1) ERV shall bt~ an impervious area that shall be adopted by the city commission in the rate resolution. Illicit Connection shall mean source discharges to the City's MS4 or to waters of the . City of Winter Springs Ordinance 2004-01 Page 3 of 15 . United States. which are not composed entirely of stormwater and are not authorized by a permit. Illicit Discharge shall mean discharge to the City's MS4 or to waters of the United States which is not composed entirely of storm water. unless exempted pursuant to this Article. or the discharge to the City's MS4 or to waters of the United States which is not in compliance with federal. state or local permits. Impervious area shall mean land surfaces. natural or man-affected. which do not. or only minimally. allow the penetration and/or infiltration of water including. but not limited to roofed and paved areas. areas covered by roofs. roof extensions. slabs. oatios. porches. driveway. sidewalks" parking areas. athletic courts/areas and roadways. Industrial activities shall mean activities at facilities identified by the United States Environmental Protection Agency as reQuiring an NPDES storm water permit in accordance with Title 40 Code of the Federal Regulations. Part 122.26 and any amendment thereto. . Municipal Separate Storm Sewer System or MS4 shall mean a conveyance. storage area or system of convevances and storage areas (including. but not limited to. roads with drainage systems. streets. catch basins. curbs. gutters. ditches. manmade channels. storm drains. treatment ponds and other structural BMP's) owned or ooerated by a local government that discharges to waters of the United States or to other MS4's that is designed solely for collecting. treatinj! or conveying stormwater and that is not part of publicly owned treatment works (POTW). Nonresidential property shall mean developed property that is classified by the property appraiser as land use types 10 through 99 under the Florida Department of Revenue Land Use Codes, as may be amended from time to time, and shall be deemed to include, but not be limited to, dormitories. hospitals, nursing homes, sanitariums, recreational vehicle spaces, hotels and motels. Any property that contains both residential and nonresidential facilities shall be treated as the type property that will result in the larger number of equivalent residential units (ERU's). Nuisance Species shall mean species of flora or fauna whose noxious characteristics or presence in sufficient number. biomass. or a real extent may reasonable be expected to prevent. or unreasonably interfere with. a designated use of those waters. Person shall mean any individual. partnership. fIrm. organization. corporation. association or other legal entity. whether singular or olural. as the context may reQuire. Point source shall mean any discernible and confined conveyance including. but not limited to. any pioe. ditch. channel. conduit. well. container. rolling stocks. concentrated animal feeding operation. vessel or other floating craft from which pollutants are discharged. This tern} does not include return flows from irrigated agriculture. . City of Winter Springs Ordinance 2004-01 Page 4 of 15 . Pollution shall mean the presence in the outdoor atmosphere or surface waters of any substances. contaminants. noise. or man-made or man-induced alteration of the chemical. physical. biological or radiological integrity of air or water in quantities or levels which are or may be potentially hannful or iniurious to human health or welfare. animal or plant life. or property. including outdoor recreation. Pollutants shall include. but not limited to. dredged spoil. solid waste. incinerator residue. filter backwash. sewage. garbage. sewage sludge. munitions. chemical wastes. biological materials. wrecked or damaged eQuipment. rock. sand and industrial. municipal and agriculture waste discharged into the MS4. Reclaimed water shall mean water that has received at least advanced secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility. Residential property shall mean any developed property which has the majority use as a residence and is so classified by the Seminole County property appraiser. Reuse shall mean the deliberate application of reclaimed water. in compliance with Florida Department of Environmental Protection and/or St. Johns River Water Management District rules. for a beneficial purpose. Runoff shall mean the surface flow of water which results from. and occurs following. a rainfall event. . SiJ?nificant construction activities shall mean construction activities which result in the disturbance of five (5) acres or more of total land area. Significant re-development shall mean the alteration of an existing development which results in the increase in the discharge of a stormwater facility beyond its previously designed and constmcted capacity. or increased pollution or changed points of discharge. except emergency repairs. Spill shall mean illiciit discharge. Stormwater shall mean surface runoff and the discharge of runoff water resulting from rainfall. Stormwater management system means the system by which the city manages and controls storm water within the city. The system includes management services such as designing, permitting, planning and reviewing storm water related infrastructure; and the operation, maintenance, repair and replacement and improvement of said infrastructure consistent with the capital improvements and stormwater management elements of the city's comprehensive plan. Stormwater management utility fee means a non ad valorem assessment benefiting developed property parcels. . City of Winter Springs Ordinance 2004-01 Page 5 of 15 . Waters of the United States shall mean surface and ground waters as defined by Title 40 Code of the Federal Regulations. Part 122.2. and any amendments thereto. * * * Sec. 19-164. Schedule of rates. (a) The stormwater management utility fee shall be tr.ree dollars and t'118nty five cents ($3.25) per ERU adopted from time to time by ordinance of the City Commission (the "rate ordinance"), and shall be calculated for each developed property as follows: * * * @ Undeveloped property. There shall be no stormwater management utility fee charged to undeveloped property that has not been altered from its natural state by dredging. filling. removal of trees and vegetation or other activities which have disturbed or altered the topography or soils on the property. * * * See. 19-168. Powers. duties and responsibilities of director The director shall have the power (but is not limited) to: . ill ill ill ffi ill. @ ffi . Administer and enforce this article and any other appropriate stormwater related codes and regulations. and support regulations in the operation. maintenance. alteration. repair and replacement of stormwater management systems. facilities and devices; Plan and execute stormwater management programs: Plan. design, acquire right-of-way for. and construct capital projects as approved and funded by the city commission; Research. develop and refine experimental and prototypical stormwater management systems. facilities. devices and techniques; Inspect public and private systems so as to assure performance and compliance with applicable stormwater codes and regulations; Review drawings. submittals. and site plans. both public and private. for storm water management systems. devices. and facilities for adequacy. sufficiency. and consistency with applicable codes and regulations; Prepare a master stormwater management plan; City of Winter Springs Ordinance 2004-01 Page 6 of IS . . (Q} ~ @ . 00 Charge and collect fees; fines and penalties: maintain billing and collection systems and records; conduct periodic rate studies so as to maintain an efficient and equitable rate structure: and ensure a prudent and stable financial base from which to operate: m Advise the city manager or. consistent with Charter. other appropriate city officials on matters concerning stormwater management; am Promulgate rules, practices and procedures necessary for ef'ficient and effective management of the utility; and Qll Perform acts incidental and/or necessary to the ef'ficient and effective operation of the utility. See. 19-169 Prohibfited acts, eenerallv. No person. unless expressly authorized in writing by the director shall tamper with, work on, connect to or in any way alter or damage any part of the city's utility system, including the potable water. reclaimed water, sanitary sewer and/or stormwater systems. Tampering or work shall include. but not be limited to, unauthorized operation of city owned valves, meter tampering. straightlines. unauthorized taps, line ruptures and/or illegal dumpir!& Sec. 19-170 Discharees into natural waters and the municipal stonn sewer system ill Discharge to the City's MS4 shall be controlled to the extent that such discharges will not impair the operation of the MS4 or contribute to the failure of the MS4 to meet any local. state or federal requirements. including. but not limited to. NPDES Permit No. FLSOOO038. Discharge to the waters of the United States shall be controlled to the extent that the discharge will be controlled to the maximum extent practicable as dermed in NPDES Permit No. FLS000038 Stormwater discharges to the MS4 from industrial, commercial or construction activities and from new development or redevelopment PfOlects are required to obtain appropriate local, state and/or federal permits prior to discharging the MS4. Any person determined by the city to be responsible for a discharge contributing to the failure of the city's MS4 to comply with the provisions and conditions of an NPDES permit shall be guilty of a violation of this chapter and shall provide corrective measures as determined necessary by the director, and shall be liable for fines and damages. The following non-storm water discharges will be allowed to enter storm systems except when water Quality standards applicable to all regulatory authorities are City of Winter Springs Ordinance 2004-01 Page 7 of 15 . exceeded. and where the non-storm water discharges are not identified as a source of pollutants to waters of the United States: (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) (12) (13) (14) (15) (16) (17) (18) (19) (20) . Water Line Flushin@:; Landscape IrrilZation; Flushing of reclaimed water lines; Street Cleaning: Construction dust control: Diverted stream flows; Rising ground waters; Foundation. footing drains. roof drains: Swimming pool discharges: Uncontaminated ground water infiltration (as defined at Title 40 Code of Federal RelZUlation. Part 35.205(20)); Uncontaminated pumped ground water: Discharges from potable water sources: Air conditioning condensate; Irrigation water: Spring~.;. Lawn watering: Sidewalk/building power washing: Individual residential car washing; Flows from riparian habitat and wetlands: and/or Discharges or flow from emergency fire fighting activities and emergency response activities done in accordance with adopted spill response/action plan. fu) It shall be unlawful for any person to drain. deposit. place or otherwise discharge into any natural water body or stormwater system within the City. or to cause or permit to be drained. deposited. placed or otherwise discharged into such waters. any organic or inorganic matter ("polluting matter") which causes or tends to cause pollution. pursuant to the water quality standards established by the applicable re,rolatory agencies. Polluting matter includes. but is not limited. to the following ~ (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) . Petroleum products. including. but not limited to oil. gasoline. and grease: Solid Waste; Pet Waste: Chemicals: Paints~ Soaps:~ Laundry Waste; Pesticides. Herbicides or Fertilizers: Degreasers. Solvents; Sanitary Sewage; Chemically treated cooling water: City of Winter Springs Ordinance 2004-01 Page 8 of 15 . (12) (13) (14) (15) (16) (17) (18) (19) (20) (21 ) (22) (23) Antifreeze. and other automotive products: Lawn clippings. leaves. branches. etc.: Animal Carcasses: Silt: Acids or alkalis: Recreational Vehicle Waters: Dyes:. Conslruction materials: Am::1U'Otmdwater which contains phosphorous or nitrogen concentrations greater than the surface water into which the groundwater is discharged: Any water which exceeds the state surface water standards: Toxic or poisonous solids or liquids: and/or Solids in such quantities or of such size capable of causing interference or obstruction to the flow in the City's stormwater system or natural water bodie~ See. 19-170.5. Stormwater discharees from industrial. commercial and construction activities. {ill Stormwater discharges from industrial and commercial activities shall be treated or managed on site. in accordance with appropriate federal. state or local permits and regulations. prior to discharge to the city's MS4. ili} Stormwater discharges from significant construction activities shall be treated or managed on-site in accordance with appropriate federal. state or local permits and regulations. t)rior to discharge to the city's MS4. Erosion. sediment and pollution controls for lhe construction site shall be properly implemented. maintained and operated according to a pollution prevention plan required by an NPDES permit for the discharge of stormwater from construction activities. or according to a state permit issued by the Florida Department of Environmental Protection or St. Johns River Water Management District. . lfl Construction activity which is not defined as significant is still characterized as an illicit connection or illicit discharge if the activity causes an impairment of the operation of the MS4 or contributes to the failure of the MS4 to meet any local. state or federal requirements. including. but not limited to. NPDES permits. @ The owners or operators of industrial facilities. commercial entities and construction sites which discharge stormwater to the city's MS4 shall provide prior written notification to the city of the discharge and shall have received prior approval of the discharge from the city. See. 19-171. Prohibition of illicit discharees and illicit connections. ill} micit discharges and illicit connections to the city's MS4 are prohibited. . City of Winter Springs Ordinance 2004-01 Page 9 of 15 . (Q) Failure to report a connection from industrial activities. commercial entities or construction activities to the city's MS4 or to waters of the United States constitutes an illicit connection. !f1 Failure to report to the city a discharge from industrial activities, commercial entities or construction activities to the city's MS4 or to waters of the United States constitutes an illicit discharge. @ Anv discharl~e to the city's MS4 or to waters of the United States which is in violation of federal. state or local permits or regulations constitutes an illicit discharge. fu) Persons responsible for illicit discharges or illicit connections shall immediately cease the illicit discharge or illicit connection. and obtain appropriate approvals from applicable regulatory agencies prior to resuming the discharge or connection. See. 19-172. Control of oollutant contributions from interconnected municipal storm sewer systems. . The discharge of stormwater between interconnected state. county, citv or other MS4s shall not and shall not be permitted to cause the city's MS4 to be in violation of the provisions of an NPDES permit. Owners of any portion of the Seminole County interconnected MS4 shall be responsible for controlling the Quality and Quantity of discharge of stormwater to the city's MS4 See. 19-173. Inspednon. Monitoring for Compliance and Operational Maintenance Requirements City personnel shall be granted access for inspection of facilities discharging or suspected of discharging to the city's MS4 or waters of the United States in order to effectuate the provisions of this ordinance and to investigate violations or potential violations of any of the terms herein. All structures and processes which allow discharges to the citv's MS4, as well as records concerning: them. shall be made accessible to the city's personnel for tIllS purpose. Structural controls and other BMPs used for controlling the discharge of pollutants to the city's MS4 or to waters of the United States shall be operated and maintained so as to function in accordance with permitted design and performance criteria and in compliance with federal. state or local permit conditions and regulations. ill The operation and maintenance entity is required to provide for periodic inspe<:tions of the stormwater management system to insure that the system is functioning as designed and permitted. . City of Winter Springs Ordinance 2004-01 Page 10 of 15 . ill The following operational maintenance activities shall be performed on all public stormwater systems on a regular basis or as needed: A Removal of trash and debris: B. fuspection of inlets and outlet,,>; C. Removal of sediments when the storage volume or conveyance capacity of the storm water management svstem is below design levels: D. Stabilization and restoration of eroded areas: E. Mowing and removal of gra,,>s clippings: F. Aeration. tilling, or replacement of topsoil as needed to restore the percolation capability of retention and swale systems. If tilling or replacement of the topsoil is utilized. vegetation must be established on the disturbed surfaces: G. Undesirable species such as cattails and exotic plants should be controlled and minimized; and . H. It is recommended that that native vegetation be maintained in the littoral zone as part of the system's operation and maintenance plan. ill If the system is not functioning as designed and permitted. operational maintenance must be performed immediately to restore the system. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards. the responsible entity must either replace the system or construct an altemati ve desi!!n. See. 19-174. Hieh Risk Screenine illl The City shall developed and maintain a program for identifying and controlling pollutants. to the MS4 that are within the limits of the City of Winter Springs. Those located outside the City's limits shall be reported to the applicable municipality. SJRWMD. FDOT or FDEP for further investigation and/or enforcement actions. i!ll This program shall be consistent with State Water Policy. and involves monitorin!! stormwater discharges to the MS4 from: ill municipallandfill(s): . City of Winter Springs Ordinance 2004-01 Page 11 of 15 . if} .@1 111 hazardous waste treatment. storage. disposal and recovery facilities; facilities that are subject to EPCRA Title III, Section 313: and other industrial or commercial discharge in which in the determination of the Ci.ty may contribute a substantial pollutant loading to the MS4. ~ The high risk screening program shall require: ill Inspecting businesses and government owned facilities that could potentially generate hazardous waste as well as other waste streams of concern. As part of this process photographs will be taken and the location of the inspection will be geo-referenced. Items looked at during inspections shall generally include, but not be limited to: A. Source of water supply (municipal or private well). B. Type of sewage disposal. C. If there are any floor drains and where they discharge to. D. Storage practices for hazardous materials. E. Specific waste streams generated and how they are managed and disposed of. . F. Evidence of spilled oil, chemicals, etc. G. Stormwater information including: i. Indications of illicit discharges. ii. Where it discharges to. iii. Activities that may affect stormwater. H. Manifests and other documentation that substantiates wastes are managed and disposed of properly. ill Investigating complaints relating to environmental issues involving both businesses and private residences. These complaints cover a wide range of issues, e.g., A. Improper disposal of wastes. B. Storing hazardous materials and/or waste under conditions that could result in contamination of soil, groundwater or waters of the state. C. lliicit discharges. . City of Winter Springs Ordinance 2004-01 Page 12 of 15 . ill Following up on maior spills to ensure they are remediated properly by the responsible party and all contaminated materials are disposed of properly. Recording and maintaining both an electronic database and a hardcopy file. ffi A. lbe database is updated by: 1. Adding potential generators from new businesses that apply for a City or County Occupational License. u. Potential generators found in the trade directories and Yellow PaRes, and searches performed through the internet. And Hi. Complaints from anonymous and known individuals as well as those referred to the City by FDEP or other regulatorv agenCies. See. 19-175. Enfolrcennent. Penalties and Legal Proceedings D!l The city may enforce the provisions of this Article by any lawful means including. but not limited to. issuing a civil citation. bringing charges before the city's code ,enforcement board or special master. and seeking iniunctive and equitable relief. . {Ql Where a violation of this Article does not constitute a hazardous condition reauiring immediate and direct governmental action to abate a serious and continuing dimger to the public. notice shall be provided to the property owner in accordance with Chapter 162. Florida Statutes and Chapter 2. Article m. Division 2. of the City Code. describing a violation of this Article. All persons in violation of this Article shall address such violations immediately by providing a written response outlining the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of the corrective measures. Proposals for corrective action are subiect to the approval of the director. {fl In addition. cease and desist orders may be issued by the City's code enforcement department as provided herein. Such order shall be served upon the person(sO responsible for the violation in the same manner as notices of violation are served and as described above. Specific activities and operations may be ordered to cease and desist based upon the following conditions: ill In a situation that may have a serious effect on the health. safety or welfare of the public or the environment. including the quality of stormwater in the City's MS4: or . City of Winter Springs Ordinance 2004-01 Page 13 of 15 . ill When irreversible or irreparable harm may result. in the reasonable o{linion of the City's Code Enforcement Officers. and immediate cessation of the activity is necessary to protect the public or the environment. including the quality of stormwater in the City's MS4. @ In addition to any fines which may be imposed by the City of Winter Springs Code Enforcement Board. persons responsible for violation of the Ordinance shall be liable for all satnpling and analytical costs incurred in monitorin~ the discharge. arid state and/or federal fines imposed as a result of the discharge and costs of removing or properly treating the discharge. ~ Any fines or other funds received as a result of enforcement under this Article which are not used for specific purposes set forth in this Article shall be deposited in Stormwater Utility Fund. SCO).19-~ 176-19-199. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. . Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section. subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive. procedural, or any other reason, such portion shall be deemed a separate. distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. [Adoption next page] . City of Winter Springs Ordinance 2004-01 Page 14 of 15 . ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. ATTEST: CITY OF WINTER SPRINGS, FLORIDA ANDREA LORENZO-LUACES City Clerk JOHN F. BUSH Mayor Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading . Posted Second Reading and Public Hearing . City of Winter Springs Ordinance 2004-01 Page 15 of 15