ORD 2009-15 ILLICIT DISCHARGE DETECTION ELIMINATION
ORDINANCE NO. 2009-15
AN ORDINANCE of the City of Bainbridge Island, Washington
'relating to regulations,' for ' 'illiCit 'discharge 'detection 'and'
elimination and amending City of Bainbridge Island, MuniCipal
Code 15~22~080 relating to enforcement of iIl~cit discharge
regulations.
WHEREAS, . the City of Bainbridge Island (the "City") is regulated under the
Washington. State Department of Ecology' s Western Washington Phase II Municipal 8tormwater
Permit (the "Permit"); and
WHEREAS, the City will be adopting code policies and procedures as needed to comply
with the Permit; and
WHEREAS, the City Council adopted a new Chapter 15.22 to Title 15 of the City of
Bainbridge Island.Municipal Code on October 22, 2008;
WHEREAS, the City desires to amend the enforcement section of Chapter 15.22, now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 15.22~080 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
"1,.5.22.080 Enforcement.
A~ Failure to Comply ~
It is unlawful for any person to violate any provision or fail to comply with any
of~he requirements of this chapter.
B. . Em~rgency Access and Reparation.
. .
In the eveQt the .violation constitutes an immediate danger to public health or
safety, the administrator is authorized to enter upon the subject private
property, without giving prIor notice, to take any. and all measures necessary to
abate the violation and/or restore the property ~ Any expense related to such
remediation undertaken by the city shall be fully reimbursed by the property
owner. and/or responsible party~ An.y relief obtained under this section shall
not prevent the city from seeking further relief or applying other penalties as
provided in this chapter~
C.. Civil Infraction.
Except as provided in subsection D of this. section, conduct made unlawful by
this chapter shall constitute. a..civil in~action and i~ subject to enforc,erp-ent and
fines as ,provide~ in BIMC 1.26.035. A 'civil infractio.n under this section shall
be proc~ssed in the manner set forth- i~ BIMe Chapter 1.26~
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D. Misdemeanor.
.Any person who again violates this chapter within twelve (12) months after
having been found by the Bainbridge Island MWlicipal Court to be. in violation
of this chapter, commits a misdemeanor and any person who is convicted
thereof shall be punished as provided in BIMC 1.24..010.A.
E. Civil penalty~
In addition to any civil infraction fine, criminal penalty, and/ or other
available sanction or remedial procedure, any person engaging in conduct
made unlawful by this chapter shall be subject to a cumulative civil penalty in
the amount of $1,000 per day for each violation from the date set for
. compliance until the date ..of compliance~ Any such civil penalty shall be.
collected in accordance with BIMC 1..26~090.
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1 ~ In addition to any other remedy provided by this chapter or under the
Bainbridge. Island Municipal Code, the city may initiate injunction or
abatement proceedings or any other appropriate action in courts against any
person who violates or fails to comply with any provision of this chapter to
prevent, enjoin, abate, and/or terminate violations of this chapter and/or to
restore a condition which existed prior to the violation. In any such
proceeding, the person violating and/or failing to comply with any
provisions of this chapter shall be liable for the costs and reasonable
attorneys' fees incurred by the city in bringing~ maintaining anti/or
prosecuting such action.
2. The administrator may provide the option for compensation of all or part of
any penalties incurred by any person(s) to be - made in the forrt1~ of
community service approved by the administrator that will be of benefit to
the environment and the city~ The person(s) and administrator will enter
into a forrrial, written agreement providing for the community service~ this
.. agreement shall include in detail description of the setvice(s) to be rendered
by the .person(s) in penalty for noncompliance of this chapter. The
description shall include a completion date with a mutually agt.eed
compensation structure to offset the above mentioned penalties~
3.. Any perso.n who violates any provision of this chapter may also be in
violation of the Federal Clean Water Act, NPDES Phase II Permit, and/or
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F. Additional Remedies.
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RCW 90.48 and may be subject to sanctions including civil and criminal
penalties. Any enforcement action authorized under this chapter shall also
include written notice to the violator of such potential liability."
Section 2. Severability. If anyone or more section, subsections, or sentences of this ordinance
are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full. force and effect.
Section 3. Effective Date. This ordinance shall take effect on and be in force five (5) days from
and after its passage, approval, and publication as required by law~
PASSED by the City Council this 1 ih day of A~gust, 2009.
APPROVED by the Mayor this 18th day.of August, 2009.
~~g
Christopher Snow, Mayor
ATTEST/AUTHENTICATE:
"'lOVl Jli "\'\~ . \.Ct":>'l D ~
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
July 14, 2009
August 12, 2009
August 21, 2009
August 26, 2009
2009-15
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