Excerpt from ARTICLE VI POST-CONSTRUCTION STORMWATER MANAGEMENT
SECTION 601 PROHIBITED CONDUCT
Any entity owning or operating non-exempt real estate is prohibited from performing any of the following:
a. Discharge stormwater directly into a wetland or local water body without adequate treatment.
b. Discharge stormwater in a manner that is inconsistent with applicable state or federal law.
SECTION 602 REQUIRED CONDUCT
Any entity owning or operating non-exempt real estate shall comply with each of the following requirements:
a. Maintain any and all storm water measures and practices identified in the construction plan that were intended to remain in place after construction activities have been completed.
b. Install and maintain each post construction storm water quality measure approved as part of the construction plan
c. Provide the Yuma County Department of Development Services with a narrative description of the maintenance guidelines for all post construction storm water quality measures to facilitate their proper long-term function and identify the entity or entities responsible for long-term maintenance. It is an obligation of the property owners and their successors in interest to provide these narrative descriptions to future parties who acquire interest in any portion of the real estate or who assume responsibility for the operation and maintenance of the post-construction storm water quality measures.
d. Maintain all drainage systems and storm water storage facilities in good working order.
e. Maintain natural drainage for any portion of the real estate not served by a constructed drainage system.
f. Maintain all erosion sediment control systems installed on the subject property or identified as part of the construction plan unless such systems were temporary measures only intended to be in place during construction.
g. Maintain all drainage channels and swales installed or identified as part of the construction plan so they do not cause erosion in the receiving channel or at the outlet.
SECTION 603 DEVELOPMENT REQUIREMENTS
Any development, redevelopment or sale consisting of two (2) or more lots (and totaling in the aggregate of one (1) or more acres) shall comply with the following requirements:
a. Execute an enforceable maintenance agreement that designates the parties responsible for the operation, maintenance and repair of all storm water management facilities, and any other system, structure or measure required by this ordinance. The agreement shall include provisions for funding all required maintenance.
b. Parties who are responsible for operation and maintenance of storm water management facilities shall make and maintain records for all installation and maintenance and repairs of all systems, structures and measures. These records must be maintained for at least five (5) years and made available to the Yuma County Department of Development Services as required or requested.
SECTION 604 STORMWATER MANAGEMENT FACILITY MAINTENANCE
All stormwater management facilities must be maintained to ensure the facility meets the minimum design requirements necessary for continuing compliance with this ordinance.
ARTICLE VII ENFORCEMENT
SECTION 701 NOTICE OF VIOLATION
Whenever the Yuma County Department of Development Services finds that a person has violated the requirements of this ordinance, the Yuma County Department of Development Services may order compliance by written Notice of Violation (NOV) to the responsible person.
The NOV shall identify the provisions of this ordinance that have been violated. If abatement of a violation and/or restoration of affected property are required, the NOV shall set forth a deadline within which such remediation or restoration must be completed. Said NOV shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
The NOV may be issued to: the owner or occupant of any property requiring abatement of conditions that may cause an illicit discharge; the owner or operator of a property that is subject to the requirements of any Stormwater Pollution Prevention Plan; and to any person responsible for an illicit discharge or illicit connection.
Failure to comply with this ordinance shall be considered a violation and shall be enforced in accordance with the provisions of section 1209 of the Yuma County Zoning Ordinance.
SECTION 702 ACCESS TO FACILITIES
Failure to provide reasonable access to inspect compliance with this ordinance is grounds to revoke any permit issued by Yuma County.
SECTION 703 NUISANCES
Any condition in violation of this ordinance constitutes a threat to the public health, safety and welfare, and is declared and deemed a nuisance.
SECTION 704 MISDEMEANOR
Any Person who violates any provision of this ordinance is guilty of a class one misdemeanor.
SECTION 705 CONSECUTIVE VIOLATIONS
Each day in which a violation of this ordinance occurs is a separate violation of this ordinance. Also, each violation of a separate provision of this ordinance is a separate violation of this ordinance. And finally, each day that a person fails to comply with the orders and requirements of a Notice of Violation is a separate violation of this ordinance.