HomeMy WebLinkAbout2018-06-18-Ordinance 2890_COSESCO EnforcementORDINANCE NO.2890
AN ORDINANCE TO AMEND CHAPTER 204B,WAUKEE MUNICIPAL CODE,
REGARDING CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
WHEREAS,Chapter 204B of the Waukee Municipal Code governs the obligations
associated with erosion control by developers and conn'actors when undertaking construction work
within the City;and
WHEREAS,the City deems it appropriate to establish minimum fines for violations of the
ordinance and to provide a mechanism for criminal enforcement of the ordinance if the City
attorney deems it appropriate;and
WHEREAS,the provisions of 204B.04(4.2)should also be updated to reflect changes in
the processes for addressing changes in ownership and obligations under a SWPPP and NPDES
permit.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section I:Sections 204B.04(4.2)and 204B.5,of the Waukee Municipal Code,should be
and the same are hereby repealed and enacted in lieu thereof is as follows:
l.204B.04(4.2)should be and the same is hereby amended to provide:
4.2 It shall be applicant's duty to notify the City of any changes,alterations,transfers
of coverage or sales of any property immediately upon the such event occurring.
Transferees must agree to the transfer in writing and must agree to fulfill all obligations
of the SWPPP and the State General Permit No.2.Absent such written confirmation of
transfer of obligations,the applicant remains responsible for compliance on any lot that
has been sold or transferred.
2.204B.05 should be and the same is hereby amended to provide:
tj204B.05 Enforcement.
5.1 Violation of any provision of this ordinance may be enforced by legal (civil)
action including an action for injunctive relief.
5.2 Violation of any provision of this ordinance may also be enforced as a municipal
infraction within the meaning of tj364.22 of the Iowa Code,pursuant to the City's
municipal infraction ordinance.A minimum civil penalty of $500.00 per violation
is hereby established.Each day a violation occurs constitutes a separate offense.
5.3 Alternatively,A violation of any provision of this ordinance shall also constitute a
simple misdemeanor punishable by a minimum fine of $500.00 per offence,up to
the maximum fine allowed by law.Each day a violation occurs constitutes a
separate offense.
5.4 Enforcement pursuant to this section shall be undertaken by the enforcement officer
after advice and consent of the City Attorney.
Section 3.Re ealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
-Section 4.Severabili Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
Section 5.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 18 day of June,2018,and approved this 18 day of June,2018.
Anna Bergman,Presiding Officer
Attest:
Rebecca D.Schuett,City Clerk