The City of Battle Creek finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because:

(a) Impervious surfaces increase the quantity and velocity of surface runoff, resulting in less percolation of water through soil and increased erosion and flooding conditions.

(b) Improper collection and conveyance of stormwater adversely affects off-site property and increases the incidence and severity of flooding, which can endanger property and human life.

(d) Stormwater runoff often contains nutrients, such as nitrogen and phosphorus, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

(e) The City of Battle Creek has adopted a comprehensive land use plan that establishes proposed land use and infrastructure service needs for undeveloped areas of the City.

(f) Inadequate soil erosion and sedimentation control practices can cause increased turbidity, the cloudiness caused by having soil particles suspended in the water column.

1048.02 Objectives and Intent:

It is the intent of this ordinance to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Battle Creek by:

(a) Protecting and maintaining the physical, chemical, and biological integrity of groundwater and surface waters.

(b) Preventing activities that adversely affect groundwater and surface water resources.

(d) Ensuring that stormwater runoff peak rates, volumes, and pollutant loadings are no greater than natural conditions.

(e) Maintaining and restoring groundwater levels.

(f) Preventing damage to wetlands and other natural resources.

(g) Minimizing soil erosion and sedimentation.

(h) Requiring surface and stormwater management practices that comply with the requirements of this ordinance.

(i) Promoting the development of stormwater retention and detention facilities that are aesthetically desirable.

(j) Following the direction established by the Comprehensive Land Use Plan.

1048.03 Definitions:

Definitions of terminology used in this ordinance shall be as follows:

(a) Base Flood Elevation (BFE) means the elevation delineating the level of flooding resulting from the 100-year frequency flood discharge.

(b) Building means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, carport, mobile home or a prefabricated building. This term also includes recreational vehicles and recreational vehicles to be installed on a site for more than 180 days.

(d) Compensatory Storage means an excavated, hydraulically equivalent volume of storage used to offset the loss of natural flood storage capacity when artificial fill or structures are placed within a floodplain.

(e) Construction means any on-site activity that will result in the creation of a new stormwater management system, including the building, assembling, expansion, modification, or alteration of the existing contours of the property; the erection of buildings or other structures, or any part thereof; or land clearing.

(f) Control device means the element of a discharge structure that allows the gradual release of water under controlled conditions, sometimes referred to as bleed-down.

(g) Control elevation means the lowest elevation at which water can be released through the control device.

(h) Control Structure means a structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation.

(i) Director means the director of public works or that person's designee.

(j) Detention means the collection and temporary storage of stormwater in such a manner as to provide treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater.

(k) Development means any of the following:

1. Construction, installation, alteration, demolition, or removal of a structure impervious to surface stormwater management system; or

2. Clearing, scraping, grubbing or otherwise removing or killing the vegetation of a site; or

3. Adding, removing. exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner that is contrary to the requirements of this ordinance.

(k) Discharge structure means a structural device usually constructed of a material such as concrete, metal or timber through which water from a stormwater management system is discharged from a site to a receiving water.

(l) Drain means a channel, natural depression, slough, stream, creek or pipe in which storm runoff and floodwater can flow. This includes systems installed to carry urban storm runoff.

(m) Drainage Area means the land area above a given point that contributes stormwater to that point.

(n) Dry detention means water storage with the bottom elevation at least one foot above the control elevation. Sumps, swales, and other minor features may be at a lower elevation.

o) Elevation means the height in feet above mean sea level according to the National Geodetic Vertical Datum.

p) Engineer means a professional engineer registered in Michigan who is competent in the fields of hydrology and stormwater management.

q) FEMA means the Federal Emergency Management Agency and its regulations.

r) Floodplain (regulatory) means floodplains that may be either riverine or non-riverine depressional areas.

1. Riverine floodplains are those areas contiguous to a lake, pond, or stream whose elevation is greater than the normal water pool elevation but equal to or lower than the projected 100-year flood elevation.

2. Non-riverine floodplains are depressional storage areas not associated with a stream system which surrounding lands drain causing periodic inundation by storm waters. In certain cases, the floodplain may also be known as the Special Flood Hazard Area (SFHA).

(s) Flood Protection Elevation (FPE) means the elevation of the base flood or 100-year frequency flood plus a minimum 1 foot of freeboard at any give location in the Special Flood Hazard Area (SFHA).

(t) Floodway (regulatory) means the channel, including onstream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by the FEMA floodplain maps, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than a 1 foot increase in stage due to the loss of flood conveyance or storage.

(u) Historic discharge or volume means the peak rate or volume at which stormwater runoff leaves a parcel of land in an undisturbed, natural site condition by gravity, or the legally allowable discharge at the time of permit approval.

(v) Impervious surface means a surface that has been compacted or covered so that it is highly resistant to infiltration by water.

(w) Overflow elevation means the design elevation of a discharge structure at which or below which, water is contained behind the structure except for that which leaks out or bleeds out through a control device down to the control elevation.

(x) Retention means. the prevention of or to prevent the discharge of a given volume of stormwaler runoff into surface waters by complete on-site storage.

(y) Soil conservation plan means a document prepared or approved by the local Soil and Water Conservation District Board that outlines a system of management practices to control stormwater and soil erosion, reduce sediment loss, or protect receiving water quality on a specific parcel of property.

(z) Special Flood Hazard Area (SFHA) means any base flood area subject to flooding from a river, creek, stream, or any other identified channel or ponding and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO A1-30, AE, A99, AH, VO, V30, VE, V, M, or E.

(aa) Stormwater means the flow of water that results from and occurs immediately following a rainfall event.

(bb) Stormwater management plan means a plan for receiving, handling, and transporting stormwater and surface waters within the City of Battle Creek stormwater management system.

(cc) Stormwater management system means and includes all natural and man-made elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the City of Battle Creek. The stormwater management system includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities, whether public or private.

(dd) Structure means the results of a man-made change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days; and includes retaining walls, tanks and manholes.

(ee) Surface water means water that finds its way to an open channel without infiltrating into the soil.

(ff) Swale means a man-made trench that:

1. Has a top depth-to-width ratio of the cross-section equal to or greater than 1:6, or side slopes equal to or greater than 3 feet vertical to 1 foot horizontal; and

2. Contains contiguous areas of standing or flowing water only following a rainfall event; and

3. Is planted with or has stabilized vegetation suitable for soil stabilization, surface water treatment, and nutrient uptake; and

4. Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge.

(gg) Watershed area means any drainage area contributing surface and stormwater runoff to the City stormwater management system.

(hh) Wet detention means water storage with the bottom elevation lower than one foot above the control elevation of the system.

1048.04 Applicability

This ordinance shall apply to all land within the City. No person may subdivide, develop, change to a more intense land use, construct or reconstruct a structure, or change the size of a structure, except as hereinafter exempted, without complying with the terms of this ordinance.

1048.05 Exemptions:

The following activities shall be exempt from the requirements of this ordinance:

(a) Single-family or duplex homes built on individual lots that are part of a larger subdivision with an approved stormwater management permit.

(b) Maintenance activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site or runoff from the site.

(c) Bona fide agricultural pursuits for which a soil conservation plan has been approved by the local Soil and Water Conservation District.

(d) Action taken under emergency conditions to prevent imminent harm or danger to persons or to protect property from imminent fire, violent storms, tornadoes, flooding, or other hazards, whether man-made or naturally occurring.

1048.06 Status of Previous Approvals:

Developments approved prior to the effective date of this ordinance shall meet only the requirements in effect when the permit was approved.

1048.07 Nonconforming Areas:

When any of the following improvements are made to an existing development, such improvements shall comply with this ordinance, whether or not the existing development has received a prior approval pursuant to Section 1048.06:

(a) Floor area expansion: The gross floor area of a structure is expanded by more than 10 percent or more than 4,000 square feet, whichever is less. Repeated expansions of a development constructed over a period of time commencing with the effective date of this ordinance shall be combined in determining whether the threshold has been reached.

(b) Use change: The use of a development changes to a more intense classification.

(c) Site alteration: A site alteration activity requires the submission of a development plan or amended development plan and involves 10 percent or more of the site area.

(d) Reconstruction: A structure is reconstructed following substantial destruction by fire or other calamity. A structure is considered substantially destroyed if the cost of reconstruction is 50 percent or more of the fair market value of the structure before the calamity.

1048.08 Submittals:

A stormwater management plan shall be submitted to the City as part of the site development approval process. The following specific items are minimum submittal requirements.

(a) Owner information, including the name, address, and telephone number and proof of ownership for the property.

(b) Aerial photograph of the project vicinity, taken not more than 3 years before the application date, covering the project area and the total lands that contribute runoff.

(c) Topographic map of the project area, showing the location and elevation of benchmarks, including at least one benchmark for each control device.

(d) Land use map showing both current and proposed conditions for the watershed area that contributes runoff.

(e) Soils and vegetation map displaying the most recent Natural Resource Conservation Service (NRCS) information and encompassing both the project area and the watershed area that contributes runoff.

(f) Proposed grading, drainage, paving, and building plan showing details of proposed grading, drainage, paving, and buildings.

(g) Erosion and sediment control plan identifying the type, location, and schedule for implementing erosion and sediment control measures, including appropriate provisions for maintenance and disposition of temporary measures.

(h) Technical report, prepared by an engineer, describing the assumptions, calculations, and procedures used for determining compliance with the performance criteria established by this ordinance.

(i) Operation and maintenance plan, prepared by an engineer, describing the activities and schedule required to operate and maintain the permitted facilities.

1048.09 Performance Criteria:

(a) Except as otherwise provided herein, a development must be designed, constructed, operated, and maintained to comply with the performance criteria set forth in this Chapter.

(b) Maintenance: Operation and maintenance activities, as specified in the approved operation and maintenance plan, shall be executed routinely, with scheduled reporting to the Director, as long as the operation permit is in effect.

(c) Modifications: if the activity authorized by the permit is not completed according to the approved schedule and permit conditions, the Director shall be notified. For revisions resulting in a schedule extension of more than of 30 days, or if deviations from the permit conditions are expected to occur, approval of a permit modification is required.

1048.10 Floodplain management

The floodplain management criteria shall be as follows:

(a) Base Flood Elevation & Location of Floodplain and Floodway

(1) The Base Flood Elevations (BFE) shall be as delineated on the 100-year profile and floodplain maps as noted on the FEMA Flood Insurance Study maps and profiles, or the best available information as determined by the Director.

(2) The location of the regulatory floodway and its accompanying flood elevation shall be as delineated on the FEMA regulatory floodway maps.

(3) When no base flood or 100-year frequency flood elevation information exists, the base flood or 100-year frequency flood elevation shall be determined by the registered professional-engineer using an appropriate model or technique as approved by the Director.

(4) Nothing contained herein shall prohibit the application of these regulations to land that can be demonstrated by engineering survey to lie within any floodplain. Conversely, any lands (except for those located in a regulatory floodway) that can be demonstrated by a topographic survey certified by a registered professional engineer or registered land surveyor to lie beyond the floodplain, and to the satisfaction of the Director, to have been higher than the base flood elevation as of the effective date of the first regulatory floodplain map denoting the site to be in a floodplain, or for unmapped floodplains as of the effective date of the Ordinance, shall not be subject to the regulations of this section.

(5) In the case of a site located in the regulatory floodway that is higher than the BFE, it is subject to the regulations of this section until such time as a letter of map revision is received from the FEMA.

(b) Performance Standards Applicable to all Floodplain Development

(1) Modification and disturbance of natural riverine floodplains shall be avoided to protect existing hydrologic and environmental functions. Such disturbances shall be minimized and all negative impacts mitigated as described in a mitigation plan.

(2) No development shall be allowed in the floodplain that shall singularly or cumulatively create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic functions of the floodplain or channel.

(3) For all projects involving channel modification, fill, or levees, the flood carrying capacity of the regulatory floodplain shall be maintained.

(4) Compensatory storage is required for all lost floodplain storage as follows:

(A) Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1.2 times the volume of floodplain storage lost. Such compensation areas shall be designed to drain freely and openly to the watercourse and located opposite or adjacent to fill areas. The floodplain volume lost below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The floodplain volume lost above the 10-year existing frequency flood elevation must be replaced above the proposed 10-year frequency elevation.

(B) Hydraulically equivalent compensatory storage requirements for fill or structures in a nonriverine floodplain shall be at least equal to 1.0 times the volume of floodplain storage lost.

(1) No developments in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE.

(2) New and replacement water supply systems, wells, and sanitary sewer lines may be permitted providing all manholes or other above-ground openings located below the Flood Protection Elevation (FPE) are watertight.

(d) Building Protection Requirements

(1) All new buildings, building alteration that either increases the first floor area by more than 20% or the building's market value by more than 50%, the installation of a manufactured home on a new site or a new manufactured home on an existing site or installing a recreational vehicle on a site for more than 180 days and located within a 100-year floodplain shall be protected from flood damage below the flood protection elevation.

(2) The lowest floor, including basements for all new construction or substantial improvements of residential structures shall be two feet or more above the base flood elevation.

(A) If placed on fill, the top of the fill shall be above the flood protection elevation. The fill shall be placed at that elevation for a distance of ten feet out from the building unless the building design is certified by a registered structural engineer as protected from damages due to hydrostatic pressures. Additionally, the fill must be demonstrated not to settle below the flood protection elevation and to be adequately protected against erosion, scour and differential settlement.

(B) If elevated by means of walls, pilings, or other foundation, the building's supporting structure must be permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The permanent openings shall be no more than one foot above grade, and consists of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. All areas below the Flood Protection Elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. Water and Sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the flood protection elevation. No area below the flood protection elevation shall be used for storage of items or materials.

(3) The lowest floor including basement of all new construction or substantial improvements of non-residential buildings shall be two feet or more above the base flood elevations in accordance with paragraph (2) above or be structurally dry flood proofed. A nonresidential building may be structurally dry flood proofed (in lieu of elevation) provided that a registered professional engineer or structural engineer shall certify that the building has been structurally dry flood proofed below the flood protection elevation and the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and impacts from debris or ice. Flood proofing measures shall be operable without human intervention and without an outside source of electricity. (Levees, berms, floodwalls and similar works are not considered flood proofing for the purpose of this subsection.)

(4) Manufactured homes and recreational vehicles to be installed on a site for more than 180 days, shall be elevated to or above the flood protection elevation and shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with applicable Rules and Regulations.

(5) Tool sheds and detached garages on an existing single-family platted lot, may be constructed with the lowest floor below the flood protection elevation in accordance with the following:

(A) The building is not used for human habitation.

(B) All areas below the base flood or 100-year frequency flood elevation shall be constructed with waterproof material. Structures located in a regulatory floodway shall be constructed and placed on a building site so as not to block the flow of floodwaters.

(D) Service facilities such as electrical and heating equipment shall be elevated or flood proofed to the flood protection elevation.

(E) The building shall be valued at less than $5,000 and be less than 500 square feet in floor size.

(F) The building shall be used only for the storage of vehicles or tools and may not contain other rooms, workshops, greenhouses or similar uses.

(6) A non-conforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to this Ordinance.

(e) If the proposed development would result in a change in the mapped regulatory floodplain or 100-year frequency flood elevation on a site, the applicant shall submit sufficient data to obtain a Letter of Map Revision (LOMR) from FEMA.

(f) Any work involving construction or modification or removal of a dam or an on-stream structure to impound water shall obtain a State Dam Safety Permit or letter indicating a permit is not required prior to the start of construction of a dam.

1048.11 Regulatory Floodplains without Regulatory Floodways

Within all riverine floodplains where the floodway has not been determined, the developer shall have an engineering study performed to determine a flood conveyance path to demonstrate that a proposed development will have no singular or cumulative impact on flood heights or velocities, as required by this Ordinance. The developer shall submit that engineering study for review and acceptance. In the case of riverine floodplains draining greater than 1 square mile, it shall also be sent to MDEQ or FEMA for review and approval. Upon acceptance, the developer can then choose to locate all development activity outside of the flood conveyance path or meet the performance standards of this Ordinance. Should the flood conveyance path be determined so as to include land not owned by the applicant, notice to the affected property owners shall be made for comment.

1048.12 Application for Development in the Regulatory Floodplain

If the development is located in a regulatory floodplain, the applicant shall provide the following additional information:

(a) Site location of the property, drawn to scale on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area;

(b) A plan view of the project showing:

(1) The regulatory floodway limit, floodplain limit and for work in public bodies of water.

(2) 10-year frequency flood elevation, 100-year frequency flood elevation and graphic or numerical scales (horizontal and vertical).

(3) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location.

(c) A listing of all local, state and federal permits or approval letters that may be required for this type of development. All required local, state and federal permits must be received prior to permit issuance unless otherwise agreed to by the Director or as may be allowed by the appropriate local, state or federal agency or department have jurisdiction over the matter.

(d) Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the performance standards of this Ordinance.

(e) All changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; the location and dimension of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this Ordinance.

(f) Elevation certificates of the lowest floor (elevation including basements) or the elevation to which a nonresidential building has been flood proofed using a flood proofing certificate shall be required for all buildings in the floodplain.

1048.13 Additional Criteria

(a) Water quality: All stormwater management systems shall be evaluated based on their ability to prevent degradation of receiving waters and adverse impacts on the site's natural systems: their efficiency in removing pollutants; and their ability to conform to state water quality standards.

(b) Peak discharge: The post-development peak rate of surface discharge must not exceed the historic discharge for the 25-year, 24-hour storm, unless other allowable peak discharge limits are applicable.

(c) Runoff volume: The post-development volume of surface runoff must not exceed the historic volume of surface runoff for the 25-year, 24-hour storm event. For land-locked receiving water bodies, volume requirements must be met for the 100-year, 72-hour storm event.

(d) Treatment volume: Detention or retention treatment volume in the stormwater management system shall be provided for in an amount equal to the first one-half inch of rainfall runoff from the project site plus the required runoff volume set forth at Section 1048.13(c).

(e) Pretreatment volume: Commercial or industrial project categories shall provide at least one-half inch of dry detention or retention pretreatment of site runoff in addition to the base treatment volume required for all sites.

(f) Oil and grease separation: Stormwater management systems receiving runoff from areas with greater than 50 percent impervious surface or containing a potential source of oil and grease contamination shall include a baffle, skimmer, grease trap, or other suitable oil and grease separation mechanism.

1048.14 Technical Manual:

The technical procedures and design standards contained in the Stormwater Management Manual prepared by the Director and adopted by separate resolutions of the City Commission are hereby incorporated by reference and shall be used for guidance to determine compliance with the performance criteria established by this ordinance.

1048.15 Dedication:

Those stormwater management systems approved in compliance with this ordinance that will function as an integral part of the City-maintained system as determined by the Director shall be dedicated to the City. All areas and/or structures to be dedicated to the City must be dedicated by plat or separate instrument and accepted by resolution of the City Commission.

1048.16 Approved Entities:

(a) All stormwater management systems dedicated to, and accepted by the City shall be maintained by the City. Maintenance of all other stormwater management systems approved in compliance with this ordinance shall be accomplished by the legal entity responsible for maintenance, which may include an approved entity as identified below:

(1) Local government: A county, municipality, inland lake board, or other appropriate governmental unit, or combination of local governments.

(2) Special district: An active drainage district or a special assessment district.

(3) State or federal agency: An appropriate state or federal agency.

(4) Public utility: An officially franchised, licensed, or approved communication, water, sewer, electrical, stormwater, or other public utility.

(5) Developer or property owner: A developer or property owner who provides a bond or other assurance of continued financial capability to operate and maintain stormwater management systems and who executes a legal maintenance agreement with the Director.

(6) Property owner association: Property owner associations able to comply with the following provisions:

A. The association provides a binding legal instrument through which it assumes full responsibility for stormwater management system operation and maintenance.

B. The association has sufficient powers to operate and maintain the system, establish rules, assess members, contract for services, exist perpetually, and, if dissolved, to provide alternate operation and maintenance services.

C. The association can provide a bond or other assurance of financial capability to operate and maintain the system.

(b) All systems not dedicated to the City shall have adequate easements to permit the City to inspect and, if necessary, to take corrective action should the responsible entity fail to properly maintain the system.

1048.17 Public Nuisance:

Any development activity commenced without compliance with this ordinance or any activity conducted contrary to the requirements of this ordinance shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. The City may institute injunctive mandamus or other appropriate action for the enforcement of this ordinance and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus, or other appropriate forms of remedy or relief.

1048.18 Violation Notice:

(a) When the City determines that development activity or maintenance of an approved stormwater management system is not being carried out in accordance with the requirements of this ordinance, it shall issue a written notice of violation to the owner or other appropriate responsible entity. The notice of violation shall contain the following items:

(1) The name and address of the owner or other responsible entity,

(2) The street address when available or a description of the building structure or land where the violation is occurring.

(3) A statement specifying the nature of the violation.

(4) A description of the remedial actions necessary to bring the development activity into compliance with this ordinance, and a time schedule for completion of such remedial actions.

(5) A statement of the penalty or penalties that shall or may be assessed against the person(s) to whom the notice of violation is directed.

(6) A statement that the determination of violation by the City may be appealed to the City Commission within fifteen (15) days of service of notice of violation.

(b) Said notice is to be served upon the person(s) to whom it is directed, either personally in the manner provided for personal service of notices in the court, or through certified mail postage prepaid return receipt requested. A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the City Commission.

1048.19 Corrective Action:

A person or entity found to be in violation of this ordinance may be required to restore any alteration of the affected property to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

1048.99 Penalties:

(a) Any person convicted of violating the provisions of this ordinance shall be responsible for a Class C municipal civil infraction and shall be subject to the civil fine provided in Section 202.98 for each and every violation along with any costs imposed at the discretion of the court. Each day that a violation continues shall be considered a separate offense.

(b) In addition to the penalty provided in this section, this chapter may be enforced by suit for injunction, action for damages, or any equitable relief appropriate to the enforcement of this chapter, including, but not limited to, that relief provided for MCL 600.8302(4).

(Ord.11-01. Passed 8-21-01.)