The City of Yakima has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Yakima is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Yakima will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Yakima, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Yakima has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
7.83.120 Right of entry.
(1) General. The director is hereby authorized and directed to enforce the provisions of this title. The director may employ, appoint and designate such city employees, representatives or officers to act on his behalf in the enforcement of this title under such control and supervision as he may specify. Any reference herein to the director shall also refer to designated city employees and the manager’s duly authorized representatives. The director shall, either upon complaint or upon his own initiative, investigate potential violations of this title. It shall be the duty of all the city officers to assist the director in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the implementation of this title and its provisions.
(2) Entrance onto Private Property. When necessary to perform any duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the director may enter onto property to inspect the same or to perform any duty imposed or authorized by this title; provided, that if such property is occupied and not a public place, the director shall first present proper credentials and request permission to enter; and if such property is not occupied, the director shall first make a reasonable effort to locate the owners or other persons having charge or control and request entry. If such entry is refused, the director shall have recourse to every remedy provided by law to secure entry. The right of entry authorized under this title extends to any employee, officer or person who accompanies the director.
(3) Judicial Warrant. If the director is refused access to the property or any part thereof, and if the director has demonstrated a reasonable cause to believe that a violation of this title exists, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this title or any order issued hereunder, then upon application by the city attorney, a judge of a competent jurisdiction will issue a search warrant describing the specific location subject to the warrant. The warrant will specify what may be searched and/or seized on the property described. The warrant will be served at reasonable hours by the director in the company of a uniformed police officer of the city. In the event of an emergency that presents an imminent threat to public health, safety or welfare as determined by the director, inspections may take place without the issuance of a warrant.
(4) Scope of Entry. The right of entry extends to the following matters:
a) Entry upon the premises where a facility or activity is located or conducted, or where relevant records are kept;
b) Access to and copying, at reasonable times, relevant records;
c) Inspection at reasonable times of any facilities, equipment (including monitoring and control equipment), practices or operations regulated;
d) Sampling or monitoring for the purposes of assuring compliance; and
e) Inspection of any production, manufacturing, fabricating or storage area where pollutants or non-stormwater discharges may originate, are stored or disposed of in the sewer system, the MS4 or public UIC. (Ord. 2010-08 § 1 (part), 2010).
7.83.140 Post-construction performance criteria for stormwater management.
(1) General Post-Construction Stormwater Management Criteria.
a) Source Control. All projects shall apply source control BMPs selected, designed, and maintained in accordance with the Stormwater Management Manual for Eastern Washington (or approved local equivalent).
b) Preservation of Natural Drainage. Natural drainage patterns should be maintained for flood conveyances, conveyance of upland flow, and other purposes. Discharges from the project site should occur at the natural location to the maximum extent practicable. The preferred options for discharge of excess stormwater are, in order of preference to maintain natural drainage systems:
c) Discharges to Adjacent Property. Discharges from land development subject to this chapter, including from stormwater practices and upland flow, shall not be discharged onto adjacent property without appropriate authority and adequate conveyance in a natural stream or storm sewer system. The director may require drainage easements where stormwater discharges must cross an adjacent or off-site property before reaching an adequate conveyance.
d) Flow Control. New development projects that meet the regulatory threshold and result in ten thousand square feet or more of new impervious surfaces shall construct stormwater flow control facilities for any discharge of stormwater directly, or through a conveyance system, into surface water. Redevelopment projects are not required to construct stormwater flow control facilities unless required under a basin plan or other federal, state or local requirement. The stormwater flow control facility shall be designed to protect stream morphology and associated instream habitat from adverse impacts due to increased peak flows and flow durations following development. Flow control facilities shall be selected, designed, constructed, operated and maintained consistent with guidance found in the Stormwater Management Manual for Eastern Washington or approved local equivalent.
7.83.160 Ongoing maintenance for stormwater BMPs.
(1) Maintenance Responsibility.
a) The responsible party named in the recorded stormwater maintenance agreement (YMC 83.130 (2)(f)(1)) shall maintain in good condition and promptly repair and restore all structural and nonstructural stormwater BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices). Such repairs or restoration and maintenance shall be in accordance with the approved stormwater management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
(2) Maintenance Inspection by the Director or His Representatives.
a) The director shall conduct periodic inspections for all stormwater practices for which a stormwater certificate of completion has been issued in accordance with YMC 83.150(4). All inspections shall be documented in writing. The inspection shall document any maintenance and repair needs and any discrepancies from the stormwater maintenance agreement and stormwater maintenance plans.
(4) Records of Maintenance Activities.
a) The responsible party shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the director during inspection of the practice and at other reasonable times upon request.
(5) Failure to Provide Adequate Maintenance.
a) In the event that the stormwater BMP has not been maintained and/or becomes a danger to public safety or public health, the director shall notify the responsible party by registered or certified mail. The notice shall specify the measures needed to comply with the maintenance agreement and the maintenance plan and shall specify that the responsible party has thirty days or, if allowed by the director in writing, other time frame mutually agreed to between the director and the responsible party, within which such measures shall be completed. If such measures are not completed, then the director shall pursue enforcement procedures pursuant to YMC 83.170.
b) If a responsible person fails or refuses to meet the requirements of an inspection report, maintenance agreement, or maintenance plan, the director, after thirty days’ written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four hours’ notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the practice in proper working condition. The director may assess the responsible party of the practice for the cost of repair work which shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the city. (Ord. 2010-08 § 1 (part), 2010).
7.83.170 Violations, enforcement and penalties.
Notwithstanding other requirements of law, as soon as any responsible person has information of any release of materials from a stormwater BMP to city property, the MS4, a public UIC, or any water of the state, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of a release of these materials, said person shall immediately notify code enforcement of the occurrence. Within five days after the occurrence, the discharger shall follow up with a written notification to the code enforcement division of the city. The notification shall include the location of the discharge, date and time thereof, type of waste, and corrective actions taken or required. Any discharger who discharges prohibited materials shall be liable for any expense, loss or damage to the city’s stormwater system, in addition to any other liability established by this chapter or other city ordinance and the amount of any fines, penalties, damages or costs assessed against the city by any state or federal agency, court of law or private individual, as a result of the discharge. (Ord. 2010-08 § 1 (part), 2010).
7.83.180 Notice of violation.
Whenever the director finds that a person is in violation of this chapter, or an order issued hereunder, the director may serve upon said individual or entity written notice of the violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions, shall be submitted to the director. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2010-08 § 1 (part), 2010).