HomeMy WebLinkAbout2686 Penalties and Enforcement for Water, Sewer and Stormwater ViolationsOrdinance No. 2686
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION
13.31.070, UNLAWFUL ACTS DEFINED, OF CHAPTER 13.31, WATER,
SEWER AND STORMWATER, OF THE PORT TOWNSEND MUNICIPAL CODE,
TO SPECIFY PENALTIES AND ENFORCEMENT AUTHORITY
WItE~AS, the code sections related to the City stormwater system lists materials which
are prohibited from being discharged into the stormwater system, but do not specifically include
penalties and enforcement authority; and
WHEREAS, the City Council desires to specifically make the code enforcement provisions
of Chapter 20.10 PTMC applicable to violations of the stormwater code and to declare any such
violation a public nuisance,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. Chapter 13.31, Water, Sewer and Stormwater, Section 13.31.070,
Unlawful acts defined, is hereby amended to read as follows:
13.31.070 Unlawful acts del'med.
A. Any person causing damage to any property belonging to the city shall be liable for any
and all damages resulting either directly or indirectly therefrom.
B. It is unlawful for any person to willfully disturb, break, deface, damage or trespass
upon any property belonging to or connected with the stormwater system of the city, in any
manner whatsoever.
C. It is unlawful for any person to refuse or fail to comply With, or to violate, any
provision of this stormwater code or the engineering design standards manual.
D. Director's Authority - Chapter 20.10 PTMC Made Applicable. The public works
director is authorized to enforce the provisions of this chapter. All violations of this chapter are
made subject to all the provisions of Chapter 20.10 PTMC, and the director is authorized to order
correction and discontinuance of any violative condition of the provisions of this chapter under
the procedures of Chapter 20.10 PTMC, which provides for suspension and revocation of permits,
voluntary, correction orders, notice and orders to correct the violation, abatement orders, Stop
work and emergency orders, and assessment of civil and/or criminal penalties.
E. Immediate Stay Orders. Pending commencement and completion of the voluntary.
correction and/or notice and order procedures of Chapter 20.10 PTMC, the director may order
the immediate cessation of any activity, causing the violative condition by notice in writing served
on or mailed to the person(s) engaged in or causing such condition. Such order shall not be
affected by any right of appeal afforded by this or any other code provision.
F. Additional Authority. The public works or BCD director may list the provisions of any
permit under this chapter as a condition of any at>proved building or other _r~rmit. In addition to
the enforcement provisions of this cha.t>ter, the condition may be enforced as part of the building
or other permit.
G. Public Nuisance. All violations of this chapter and the engineering design standards
which are determined by the director to be detrimental to the public health, safety and welfare are
public nuisances and shall be subject to the provisions of this chapter and shall be corrected by any
reasonable and lawful means, as provided in Chapter 20.10 PTMC.
(Ord. 2686 § 1, 1999; Ord. 2579 § 1, 1997).
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and adopted by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 1st day of February, 1999.
Attest:
02/02/99 Ord\{ 1331070.doc}
Jul~cCulloch, Mayor
Approved as to Form:
~ .~cp/lah~n, ~torney
2 Ord. 2686