Loading...
HomeMy WebLinkAboutUtilities 2010-01-12 Item 3B - Ordinance - TMC Chapter 14.30 "Surface Water Management"City of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: January 6, 2010 INFORMATIONAL MEMORANDUM SUBJECT: NPDES Program Project No. 93 -DR10 Surface Water Management Ordinance ISSUE Adopt a new Surface Water Management Ordinance per NPDES Requirements. BACKGROUND The National Pollutant Elimination System (NPDES) requires that the City adopt regulations and other requirements outlined in the City's General Permit which became effective February 16, 2007. These requirements include adopting a Surface Water Design Manual which has been approved by the Department of Ecology (DOE) by February 15, 2010. The City can adopt the 2005 DOE Design Manual, adopt another jurisdictions manual which has been approved by the DOE or develop our own manual and submit it to the DOE for approval. DISCUSSION Surface Water Design Manuals provide requirements regarding detention, water quality and maintenance standards for proposed developments. The City currently uses the 1998 King County Surface Water Design Manual (KCSWDM) for this purpose; however, it does not meet current NPDES Requirements. Staff worked with a consultant to determine if adopting the 2009 KCSWDM with supporting documents is our best option to meet this requirement. The benefits of this manual include: Most surrounding jurisdictions are adopting the KCSWDM standards. The DOE manual only regulates developments greater than one acre; therefore the City would need to continue to use the 1998 KCSWDM for developments Tess than an acre. Development and approval of a City of Tukwila Manual would be cost prohibitive. RECOMMENDATION The Council is being asked to approve the Surface Water Management Ordinance and consider this item at the January 25, 2009 Committee of the Whole meeting and subsequent February 1, 2009 Regular meeting. Attachment: Surface Water Ordinance W:\PW Eng1PROJECTS\A- DR Projects \93 -dr10 (NPDES Program) \INFORMATION MEMO Storm Ordinance.doc Jim Haggerton, Mayor DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, UPDATING REGULATIONS REGARDING SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 2064, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE WATER MANAGEMENT PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila "City is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit"); and WHERAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, stormwater management procedures established in 2004 by City of Tukwila Ordinance No. 2064 no longer effectively address the surface water management requirements outlined above; and WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to enact the new surface water regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations established. New surface water management provisions, to be codified at Tukwila Municipal Code (TMC) Chapter 14.30, are hereby established to read as follows: 14.30.010 Authority. A. The Public Works Director shall administer TMC Chapter 14.30. The Director's authority includes the establishment of regulations and procedures, approval of permits and exceptions, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 14.30. B. The Public Works Director may initiate all required actions to prevent or stop acts or intended acts of an applicant or other person that constitute a hazard to life or safety; endangered property; or adversely affect the safety, use or stability of a public way, surface water, a conveyance system or a sensitive area or buffer. C. If the Director determines that a person engaged in an activity that could or does negatively affect surface water has failed to comply with City code or with approved W:\ Word Processing Ordinances Surface Water Management Title 14.doc GV:ksn 1/7/2010 Page 1of10 surface water plans and /or other permit conditions, the Director may implement any or all of the following enforcement actions: 1. Suspend or revoke without written notice any surface water permit issued by the City, when the Director determines an immediate danger to life, safety or property exists in a downstream area or adjacent property. 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections and indicate the consequences for failure to correct the violation, 3. Suspend or revoke any surface water permit issued by the City after written notice is given to the applicant for any of the following reasons: a. Any violation(s) of the conditions of the surface water permit; b. Changes in site runoff characteristics upon which a permit or exception was granted; c. Construction not in accordance with the approved plans; or d. Non compliance with correction notice(s) or "stop work" order(s) issued for the construction of temporary or permanent stormwater management facilities. 4. Post a "stop work" order at the site directing that all activities that could affect surface water or a conveyance system cease immediately. The "stop work" order may include any discretionary conditions and standards adopted in TMC 14.30.070 that must be fulfilled before any work may continue. 14.30.020 Purpose. The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the following purposes: 1. Promote sound development policies and procedures that protect and preserve the City's water courses, groundwater and surface water infrash•ucture; 2. Protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows and other conditions that increase erosion and /or turbidity, siltation and other pollution, or that will reduce groundwater recharge or endanger aquatic and benthic life within surface waters and receiving waters within the State; 3. Meet the requirements of State and federal law; 4. Fulfill the City's responsibilities as trustee of the environment for future generations; 5. Promote the health, safety and welfare of the public; 6. Protect private and public property from drainage related damage; 7. Promote site planning and construction practices that are consistent with natural topographical, vegetative and hydrological conditions; and 8. Preserve and enhance the suitability of water bodies for recreation and wildlife habitat. 14.30.030 Definitions. Unless specifically defined below, words or phrases used in TMC Chapter 14.30 shall be interpreted using the meaning they have in common usage and to give TMC Chapter 14.30 its most reasonable application. 1. "Applicant" means any person, governmental agency or other entity that executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. Applicant also means any person, governmental agency or other entity that is performing or plans to perform permitted work within the City. 2. "Approval" means proposed work or completed work conforming to TMC Chapter 14.30 as approved by the Director. W: \Word Processing Ordinances \Surface Water Management Title 14.doc GV:ksn1 /7/2010 Page 2 of 10 3. 'Best Management Practice" means those practices which provide the best available and reasonable physical, structural, managerial or behavioral activity to reduce or eliminate pollutant loads and or concentrations leaving a site. 4. "City" means the City of Tukwila or the City Council of Tukwila. 5. "Comprehensive Surface Water Management Plan" means a plan adopted by the City Council to guide the physical growth and improvement of the City and urban growth management area, including any future amendments and revisions. 6. "Conveyance system" means natural and man -made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features swales, streams, rivers, lakes and wetlands. Man -made features include gutters, ditches, pipes and detention /retention facilities. 7. "Critical drainage area" means an area, as determined by the City, needing additional controls to address flooding, drainage, and /or erosion conditions that pose an imminent likelihood of harm to the welfare and safety of the surrounding community. 8. "Development" means any man -made change of improved or unimproved real estate; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill, clearing or land disturbance; or any use or extension of the use of land. 9. "Director" means the Director of Public Works or his or her designee. 10. "Drainage review" means an evaluation by the City to determine compliance with the City's standards and adopted Surface Water Management Manual. 11. "Erosion" means detachment and transport of soil or rock fragments by water, wind, ice, etc. 12. "Illicit discharge" means all non- surface water discharges to surface water conveyance systems that cause or contribute to a violation of State water quality, sediment quality or ground water quality standards. These discharges include sanitary sewer connections, industrial process water, interior floor drains, car washing and grey water systems. 13. "Low impact development" means use of innovative or creative approaches to site design, using methods such as retention of natural vegetation, significant reduction of effective impervious surface, enhanced infiltration and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero drainage discharge from the site after development. 14. "Plans" means the plans, profiles, cross sections, elevations, details and supplementary specifications, showing the location, character, dimensions and details of the work to be performed. These plans are approved by the Public Works Director and are usually signed by a licensed professional engineer. 16. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non- hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal waste; waste and residue that results from constructing a building or structure; and noxious or offensive matter of any kind. 17. "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of waters of the State that will or is likely to create a nuisance or render waters harmful, detrimental or injurious 1) to public health, safety or welfare, or 2) to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic life. W: Word Processing \Ordinances \Surface Water Management Title 74.doc CV:lsn 1/7/2010 Page 3 of 10 Contamination includes discharge of any liquid, gas or solid radioactive or other substance. Alteration includes temperature, taste, color, turbidity or odor. 18. "Project" means activity encompassing all phases of the work to be performed and is synonymous to the term "improvement" or "work." 19. "Runoff" means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow groundwater and that portion of precipitation that becomes surface flow and interflow. 20. "Sediment" means fragmented material originating from weathering and erosion of rocks or unconsolidated deposits, which is transported by, suspended in or deposited by water. 21. "Sedimentation" means the deposition or formation of sediment. 22. "Single- family residence" means a project that constructs or modifies one single family dwelling unit and /or makes related on -site improvements, such as a driveway, outbuildings or play courts. 23. "Surface water plan" means a set of drawings and documents submitted as prerequisite to obtaining a development permit. 24. "Stormwater" means surface water. 25. "Stormwater drainage system" means conveyance system. 26. "Surface flow" means flow that travels overland in a dispersed manner (sheet flow) or in natural channels or streams or constructed conveyance system. 27. "Surface Water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow channels or pipes into a natural drainage system, a surface water conveyance system or into a constructed surface water facility. 28. "TMC" means the Tukwila Municipal Code. 29. "Typical" means the guidelines that shall be followed unless the Director approves an exception. 30. "Water body" means a creek, stream, pond, wetland, lake or river. 31. "Watershed" means a geographic region within which water drains into a particular river, stream or water body as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in the Washington Administrative Code. 14.30.040 Applicability. TMC Chapter 14.30 applies to all activities occurring within the City limits that could affect surface water. 14.30.050 Compliance. A. TMC Chapter 14.30 contains minimum requirements. The requirements do not replace, repeal, abrogate, supersede or affect any other more stringent requirements, rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30 imposes requirements that provide more protection to human health or the envirorunent, the requirements of TMC Chapter 14.30 shall prevail. B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver of other laws and regulations, nor do they indicate compliance with other laws and regulations. C. Compliance with TMC Chapter 14.30 and related regulations, standards and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment. D. City departments shall comply with all the requirements of TMC Chapter 14.30, with the exception of obtaining permit and approvals from the City for works W:\ Word Processing Ordinances \Surface Water Management Title 14.doc CV:ksn 1/7/2010 Page 4 of 10 performed in the public rights -of -way, or for operation and maintenance activities by the Department of Parks and Recreation. 14.30.060 Standards. All activities within the City shall be undertaken in accordance with the following minimum standards, except that depending on a project's possible impact to public and environmental health and safety, the Director may require stricter standards: 1. The City's National Pollutant Discharge Elimination System (NPDES) permit. 2. The 2009 King County Surface Water Design Manual, adopted hereby by reference as if fully set forth herein except that, unless the context indicates otherwise, the "County" and "King County" shall refer to the City of Tukwila and except as amended in the Public Works Development Guidelines and Design and Construction Standards. The Director will review subsequent amendments, revisions and versions to the 2009 King County Surface Water Design Manual and will adopt these as needed and as applicable. 3. The Department of Ecology's Surface Water Management Manual for Western Washington, which may be used for project design, following approval by the Public Works Director. 4. The 2009 King County Stormwater Pollution Prevention Manual. except that, unless the context indicates otherwise, the "County" and "King County" shall refer to the City of Tukwila and except as amended in the Public Works Development Guidelines and Design and Construction Standards. The Director will review subsequent amendments, revisions and versions to this manual and will adopt these as needed and applicable. 5. Development design and construction shall meet all of the applicable standards and codes, recommendations in specific reports, such as the geo- technical report and the Technical Information Report, and design criteria contained in the Comprehensive Surface Water Management Plan or Drainage Basin Plans. 14.30.070 Permits. A. The application for and issuance of a surface water /storm drainage permit constitutes the administrative mechanism for the enforcement of the provisions contained herein. Such permits shall be non transferable without approval of the Public Works Director and shall be limited to the specific activities for which they are granted. B. Activities that trigger drainage review pursuant to the 2009 King County Surface Water Design Manual require a permit. Permit application shall be made to the City's permit center. C. All plans, drawings and calculations shall be prepared, stamped, signed and dated by a registered professional engineer, licensed in the State of Washington. A single family residence that is not in a sensitive area and does not trigger drainage review may be exempt from this requirement. D. The submittals for the permit must meet or exceed the minimum criteria in the 2009 King County Surface Water Design Manual and the City's Development Guidelines and Design and Construction Standards. The Director may require additional submittals to those described therein. E. Any significant changes to the approved plans or specifications of a permitted project require a revision submittal to the City for approval before the changes are implemented. 14.30.080 Facility Maintenance and Inspection Requirements. A. All Facilities. All public and private storm and surface water systems providing permanent stormwater treatment and /or flood control shall be inspected and maintained in accordance with the standards contained in the 2009 King County Surface Water Design W:\ Word Processing Ordinances Surface Water Management Title 14.doc GV:ksn 1/7/2010 Page 5 of 10 Manual. The following are additional minimum standards for the maintenance of storm water facilities: 1. All stormwater treatment and flow control facilities shall be inspected annually, but may be reduced based on inspection records. Owners of private facilities shall be responsible for maintenance, inspection and corrections. The City will perform periodic inspections of these same storm facilities. 2. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed within the following time period: (a) Within one year for wet pool facilities, infiltration facilities, and detention facilities including detention pipes, ponds and valves; (b) Within six months for routine maintenance operations; (c) Within nine months for maintenance requiring re- vegetation; and (d) Within two years for maintenance that requires capital construction of less than $25,000.00. The Director or his or her designee may order corrective maintenance to occur within a specific time period. 3. The Director has unlimited access at all reasonable times to any property whenever the Director has reasonable cause to believe violations of TMC Chapter 14,30 are present or operating on a subject property, whenever necessary to make an inspection or perform activities to enforce any provisions of TMC Chapter 14.30, whenever necessary to monitor proper function of drainage facilities or whenever the condition of a surface water system presents imrninent hazard. 4. When the City has given a facility owner prior notification and the owner has failed to maintain such facilities or when conditions make it impossible to give prior notice, the City may perform the required maintenance or repairs with the cost of said work assessed as a lien against the properties responsible for the maintenance. This action shall be in addition to any other enforcement provisions provided in TMC Chapter 14.30. 5. Maintenance of private facilities and best management practices are the responsibility of the facility owners. 6. If the property owner(s) does not maintain the facility as prescribed in the approved maintenance schedule, the Director may issue a written notice specifying the required actions and setting a time frame for completion of the specified actions. If these corrective actions are not performed in a timely manner, the City or a private contractor hired by the City may enter the property to perform the actions and bill the property owner(s) for the cost of the work. In the event the Director determines a hazard to public safety exists, written notice is not required. B. New Facilities. 1. For privately -owned facilities, the applicant shall provide a monitoring and maintenance schedule for the life of each surface water facility or best management practice resulting from the development. At a minimum, the schedule shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. 2. The monitoring and maintenance schedule shall provide unlimited access, at all reasonable times, to the facilities for inspection by the Public Works Department. 3. The Director shall review and approve the monitoring and maintenance schedule before the applicant records the schedule with King County Records. 4. Owners of projects distributing over one acre must maintain records of facility inspections and maintenance actions. Records shall be retained for a period of at least ten years. These maintenance records are to be provided to the City upon request. W:\ Word Processing Ordinances \Surface Water Management Title 14.doc CV:ksn 1/7/2010 Page 6of10 5. For new residential developments in excess of 1 acre, additional inspections are required of all new flow control and water quality treatment facilities, including catch basins, every six months during the period of heaviest residential construction (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed. The City will perform periodic inspections of these same storm facilities. 14.30.090 Special Drainage Fee. When the City accepts drainage infrastructure that requires upkeep in excess of normal maintenance, the City has the right to charge the benefiting parties a special drainage fee in addition to the City's normal surface water charge, as condition of turnover, in order to cover costs for this maintenance. 14.30.100 Inlet Marking. A. All new inlets and catch basins, public or private, shall be marked "No Dumping! Drains to Stream." B. Existing inlets and catch basins, in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." C. The marking shall meet the standard in the City's Development Guidelines and Design and Construction Standards. 14.30.110 Financial Guarantees. A. The Public Works Director may require from the applicant a surety, cash bond, irrevocable letter of credit or other means of financial guarantee acceptable to the City, prior to approving the permit. B. The amount of the financial guarantee shall not be less than the total estimated construction cost of all interim and permanent stormwater control facilities and shall not be fully released without final inspection and approval of completed work by the City. C. For developments that may involve a risk of property damages or possible hazards, the Public Works Director may require the provision of financial guarantee (bond, note, letter of credit, etc.) with the City to mitigate damages should they occur. The following provisions shall apply in instances where such financial guarantees are required: 1. Such bond or other proof of financial guarantee shall not exceed 150% of the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard; provided that, in the case of surface water activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required financial guarantee shall be equal to City staffs best estimate of the possible cost directly associated with remedying the adverse impacts to public or private properties not associated with the development. 2. The amount of any financial guarantee shall not serve as a gauge or limit to the compensation collected from a property owner because of damages associated with any surface water activity. D. The City shall retain the financial guarantee until the completion of any project involving surface water activity or following a prescribed trial maintenance period. E. The City of Tukwila may redeem financial guarantees provided in accordance with this provision in whole or in part upon determination by the Public Works Director that any or all of the following circumstances exist: 1. Failure on the part of the party providing such financial guarantee to fully comply, within the time specified, with approved plans and /or any corrective or enforcement actions mandated by TMC Chapter 14.30; or, 2. Damages to public or private property arising from the activities for which the financial guarantee was required. \Word Processing Ordinances \Surface Water Management Title 14.doc CV:ksn 1/7/2010 Page 7 of 10 14.30.120 Insurance. A. If, in the opinion of the Public Works Director, the risks to property or life and safety associated with a proposed development activity are substantial, said official may require the property owner to purchase liability insurance coverage in the following minimum amounts: 1. Bodily injury liability $1 million per occurrence. 2. Property damage liability $1 million per occurrence. B. The Public Works Director may require higher policy limits than set forth in TMC 14.30.12OA in those cases where the minimum amounts are deemed insufficient to cover possible risks. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured," and shall be written by a company licensed to do business in the State of Washington. Neither issuance of a permit, nor compliance with these provisions or any other conditions imposed by the City relieves any person from responsibility for damage to persons or property otherwise imposed by law, nor for damages in an amount greater than the insured amount. Issuance of a permit shall not form the basis of liability against the City for damages to persons or property arising from the development activities permitted by the City or otherwise undertaken by any person. 14.30.130 Exceptions. A. Requested by Applicant. 1. The Director may grant a written exception from any requirements of TMC Chapter 14.30 if there are exceptional circumstances applicable to the site such that strict adherence to the provisions contained herein will result in unnecessary hardship and not fulfill the purpose of TMC Chapter 14.30. The cost to design and construct the improvements shall not constitute hardship and shall not form the basis for an exception. 2. The applicant shall provide the Director a written request stating the specific exception sought and the reasons supporting the exception. 3. The Director may grant an exception to TMC Chapter 14.30 only if all of the following criteria are met: a. Strict compliance with the provisions of TMC Chapter 14.30 may jeopardize project feasibility and reasonable use of property; b. Proposed drainage facilities are consistent with the purpose and intent of TMC Chapter 14.30; c. Granting the exception or standard reduction will not be detrimental to the public welfare, public safety, existing drainage systems or other property in the drainage basin; and d. The recommendation of a registered civil engineer supports the exception. B. Low Impact Development. 1. In order to achieve the City's goal of increasing the amount of development with Iess impervious surface, the Director may approve exceptions to Public Works standards, including street standards. Exceptions requiring approval under the land use codes, such as parking and landscaping, must be made to the Department of Community Development. 2. The applicant shall provide justification for each exception and shall show that the project meets all other TMC requirements and that the project has a reasonable assurance of long -term success. 3. Each exception shall be assessed on the following criteria: a. The result will compensate for or be comparable with surface water flow control and treatment that is in the public's interest; W: \Word Processing \Ordinances \Surface Water Management Title 14.doc GV:ksn 1/7/2010 Page 8of1O b. The exception contributes to and is consistent with achieving low effective impervious surface area within a development; c. The exception contains reasonable assurances that low effective impervious surfaces will be achieved and maintained; d. Granting of the exception will not threaten public health and safety; e. The exception meets or is consistent with generally accepted engineering design practices; f. The exception promotes one or more of the following: (1) Innovative site or housing design; (2) Increase in on -site surface water retention using native vegetation; (3) Retention of at least 60% of natural vegetation conditions over the site; (4) Improved on -site water quality beyond that required in current standards adopted by the City; (5) Retention or recreation of predevelopment and /or natural hydrologic conditions to the maximum extent possible; and (6) Reduction of effective impervious surface to lowest extent practicable. g. The exceptions do not present significantly greater maintenance requirements at facilities that will eventually be transferred to the public ownership; h. Covenant, conditions and restrictions necessary for native growth protection easements, impervious surface restrictions and other such critical features necessary for the exceptions will be recorded against and will be binding against all affected properties. C. The Director may require a monitoring and evaluation plan in order to measure performance of specific elements in the exceptions. D. The Director may require a performance bond for 150% of the installation cost of the exceptions. E. The Director may require a two -year maintenance bond for 20% of the construction cost. 14.30.140 Liability. Liability for any adverse impacts or damages resulting from work performed in accordance with any permit issued on behalf of the City of Tukwila for the development of any site within the City limits shall be the sole responsibility of the applicant. 14.30.150 Penalties. The following penalties shall be applied in whole or in part for the violation of permit conditions or for the failure to obtain permits required for activities regulated by TMC Chapter 14.30. All remedies shall be considered cumulative in addition to any other lawful action. Each day that a violation of this code is committed or permitted to continue constitutes a separate offense to which both the civil and criminal penalties set forth below shall apply. 1. The violation of or failure to comply with any order or requirements made in accordance with the provisions of TMC Chapter 14.30 is a civil violation. The provisions of TMC Chapter 8.45 shall be used to enforce this code. 2. It shall not be a defense to the prosecution for failure to obtain a permit required under TMC Chapter 14.30 that a contractor, subcontractor, person with responsibility on a site or person authorizing or directing the work erroneously believed a permit had been issued to the property owner or any other person. 14.30.160 Abatement. The City may abate any surface water activity that is deemed a public nuisance and is performed in violation of TMC Chapter 14.30 or any lawful order or requirement of the Director. 14.30.170 Injunctive Relief. W:\ Word Processing Ordinances \Surface Water Management Title 14.doc GV:ksn 1/ Page 9 of 10 A. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or issued pursuant to TMC Chapter 14.30, it may either before or after the institution of any other action or proceeding authorized by TMC Chapter 14.30 institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall not relieve any party to such proceedings from any penalty prescribed for violations of TMC Chapter 14.30. 14.30.180 Appeals. The appeals process for /by any person aggrieved by the action of the City is provided under TMC Chapter 8.45, "Enforcement." Section 2. Repealer. Ordinance No. 2064 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W;\ Word Processing Ordinances \Surface Water Management Ti11e 14.doc GV;ksn 1/7/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 10 of 10