#3 Public hearing and action to create stormwater illicit discharge ordinance (File Ord. #2010-452)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
March 10, 2010
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: SECOND READING, PUBLIC HEARING AND ACTION ON AN
ORDINANCE CREATING SECTION 13.20 – STORMWATER
ILLICIT DISCHARGE ORDINANCE OF THE MUNICIPAL CODE
(FILE ORDINANCE NO. 2010-452)
Summary
The City is regulated under a Wisconsin Pollution Discharge Elimination System
(WPDES) Municipal Separate Storm Sewer System Permit by the Department of
Natural Resources (WDNR). This permit requires the City to address stormwater
quality through a number of measures. One of these being the establishment of
an illicit discharge program to detect and remove illicit discharges to the
municipal strom sewer system. Illicit discharges are basically anything other than
clear water; examples of clear water include rain water, lawn irrigation or air
conditioning condensation.
Proposed Ordinance No. 2010-452 specifically addresses this WDNR permit
requirement. The Ordinance gives the City the authority to properly identify illicit
discharges; to work with property owners to correct illicit discharges; and to
impose penalties and recover costs for the correction of these discharges when
necessary. AECOM assisted Engineering with drafting this Ordinance, which is
very similar to ordinances adopted by other municipalities in Wisconsin to satisfy
WDNR requirements.
File Ordinance No. 2010-452 was introduced at the March 8, 2010 Council
meeting. The public hearing and Council action on the Ordinance is scheduled
for March 22, 2010.
Recommendation
Following the public hearing, the Engineering Division supports creating the
attached stormwater illicit discharge ordinance as required by WDNR.
Suggested Motion
I move to adopt File Ordinance 2010-452 creating section 13.20 of the Municipal
Code regulating stormwater illicit discharge.
City Manager’s Recommendation
The City Manager recommends approval.
\\petey\cojhome\agenda review\approved agenda items\2010\3-22-2010\illicit discharge - memo.doc
Attachment – Proposed Ordinace 2010-452
cc: Eric Levitt
Jacob J. Winzenz
Carl Wber
\\petey\cojhome\agenda review\approved agenda items\2010\3-22-2010\illicit discharge - memo.doc
ORDINANCE NO. 2010 – 452
An ordinance creating Chapter 13.20 of the Code of General Ordinances of the City of
Janesville controlling illicit discharge to, and illegal connections with the city’s publicly
owned and operated separate storm sewer system, with penalties and other relief for
violations thereof as set forth in proposed JGO 13.20.120.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 13.20 of the Code of General Ordinances of the City of Janesville
is hereby created to read as follows:
“CHAPTER 13.20
Storm Sewer System Illicit Discharge and Illegal Connection Prevention
Ordinance
SECTIONS:
13.20.010 PURPOSE/INTENT.
13.20.020 DEFINITIONS.
13.20.030 APPLICABILITY.
13.20.040 RESPONSIBILITY FOR ADMINISTRATION.
13.20.050 COMPATIBILITY WITH OTHER REGULATIONS
13.20.060 SEVERABILITY.
13.20.070 ULTIMATE RESPONSIBILITY.
13.20.080 DISCHARGE PROHIBITIONS AND OTHER PROHIBITIONS.
13.20.090 COMPLIANCE MONITORING
13.20.100 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE
ACCIDENTAL DISCHARGE OF PROHIBITED MATERIALS
OR OTHER WASTES
13.20.110 NOTIFICATION OF SPILLS.
13.20.120 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
13.20.130 APPEAL OF NOTICE OF VIOLATION.
13.20.140 ENFORCEMENT MEASURES AFTER APPEAL
13.20.150 COST OF ABATEMENT OF THE VIOLATION.
13.20.160 VIOLATIONS DEEMED A PUBLIC NUISANCE.
13.20.170 ADOPTION OF ORDINANCE.
13.20.010 PURPOSE -- INTENT.
The purpose of this ordinance Chapter is to provide
for the health, safety, and general welfare of the citizens of the City of Janesville through the
regulation of non-storm water discharges to the MS4 to the maximum extent practicable as
required by federal and state law. This ordinance establishes methods for controlling the
introduction of non-storm water pollutants into the municipal separate storm sewer system
(MS4) in order to comply with requirements of the Wisconsin Pollutant Discharge
Elimination System (WPDES) permit process. The objectives of this ordinance are:
(1) To regulate the contribution of non-storm water pollutants to the MS4 by storm water
discharges by any user.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this ordinance.
13.20.020 DEFINITIONS.
For the purposes of this Chapter, the following shall mean:
Authorized Enforcement Agency. The City of Janesville. The Director of Public Works for the
City of Janesville or designees of the Director of Public Works for the City of Janesville.
Best Management Practices (BMPs). Structural or non-structural measures, practices,
techniques, or devices employed to avoid or minimize soils, sediments, or pollutants carried in
runoff to waters of the state.
Contaminated storm water. Storm water that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final products, waste materials,
byproducts or industrial machinery in the source areas listed in NR 216 (effective August 1,
2004), as from time to time amended or renumbered.
Department (DNR). The Wisconsin Department of Natural Resources.
Discharge. As defined in Wisconsin Statute Chapter 283 Pollution Discharge Elimination
(November 1, 2005), as from time to time amended or renumbered, when used without
qualification includes a discharge of any pollutant.
Discharge of pollutant or discharge of pollutants. As defined in Wisconsin Statute Chapter 283
(November 1, 2005), as from time to time amended or renumbered, means any addition of any
pollutant to the waters of this state from any point source.
Hazardous Materials. Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Illicit Discharge. Any discharge to a municipal separate storm sewer system that is not
composed entirely of storm water except discharges authorized by a WPDES permit or other
discharge not requiring a WPDES permit such as landscape irrigation, individual residential car
washing, fire fighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources, foundation drains,
air conditioning condensation, irrigation water, lawn watering, flows from riparian habitats and
wetlands, and similar discharges.
Illicit Connections. An illicit connection is defined as either of the following:
(A) Any drain or conveyance, whether on the surface or subsurface that allows an illicit
discharge to enter the MS4 including but not limited to any conveyances that allow any
non-storm water discharge including sewage, process wastewater, and wash water to
enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; and/or,
(B) Any drain or conveyance connected to the MS4 from a parcel of land. which has not been
documented in plans, maps, or equivalent records and approved by the Department of
Public Works.
Industrial Activity. Activities subject to WPDES Industrial Permits per NR 216 (effective
August 1, 2004) and Wisconsin Statute 283 (November 1, 2005), both as respectively from time
to time amended or renumbered.
Municipality. The: City of Janesville, a Wisconsin Municipal Corporation.
Municipal Separate Storm Sewer System (MS4). As defined in Wisconsin Administrative Code
NR 216 (effective August 1, 2004), as from time to time amended or renumbered, means a
conveyance or system of conveyances including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, channels or storm drains, which meets all the following
criteria: (a) Owned or operated by a municipality; (b) Designed or used for collecting or
conveying storm water; (c) Which is not a combined sewer conveying both sanitary and storm
water. For the City of Janesville, this definition explicitly includes, but is not limited to, the
identified Green Belt system and any and all additions thereto.
Non-Storm Water Discharge. Any discharge to the MS4 that is not composed entirely of storm
water.
Owner. Any person holding fee title, an easement, or other interest in property
Outfall. The point at which storm water is discharged from an MS4 to waters of the state or to a
storm sewer of another permitted MS4 system.
Person. An individual, owner, operator, corporation, partnership, cooperative, association,
limited liability company, limited liability partnership, entity of whatever other kind or nature,
municipality, interstate agency, state agency, or federal agency.
Pollutant. As defined in Wisconsin Statute 283 (November 1, 2005), as from time to time
amended or renumbered, means any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive
substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial,
municipal and agricultural waste discharged into water.
Pollution. As defined in Wisconsin Statute 283 (November 1, 2005), as from time to time
amended or renumbered, means any man-made or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
Pollution prevention. Taking measures to eliminate or reduce pollution or a pollutant.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Water. Runoff from precipitation including rain, snow, ice melt, or similar water that
moves on the land surface via sheet or channelized flow.
Storm Water Management Plan/ Stormwater Pollution Prevention Plan: A document which
describes the activities to be implemented by a person or business to identify sources of pollution
or contamination at a site and the actions to eliminate or reduce pollutant discharges to
Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent
Practicable.
Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from
a facility.
Watercourse. A natural or artificial channel through which water flows. These channels include:
all blue and dashed blue lines on the USGS quadrangle maps, all channels shown on the soils
maps in the NRCS soils book for Rock County, Wisconsin, as from time to time amended, and
new channels that are created as part of a development. The term watercourse includes waters of
the state as herein defined and channelized systems that are not waters of the state including the
City of Janesville’s identified Green Belt system.
Waters of the state. As defined in Wisconsin Statute 283 (November 1, 2005), as from time to
time amended or renumbered, means those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, water courses, drainage systems and other surface water or groundwater,
natural or artificial, public or private within the state or under its jurisdiction, except those waters
which are entirely confined and retained completely upon the property of a person.
Wisconsin Pollutant Discharge Elimination System (WPDES) Storm Water Discharge Permit. A
Wisconsin pollutant discharge elimination system permit issued pursuant to Wisconsin Statute
283 (November 1, 2005), as from time to time amended or renumbered.
13.20.030 APPLICABILITY.
This Chapter shall apply to all water entering the City of Janesville’s MS4 generated on any
lands unless explicitly exempted by an authorized enforcement agency.
13.20.040 RESPONSIBILITY FOR ADMINISTRATION.
The Department of Public Works and/or its agents shall administer, implement, and enforce the
provisions of this Chapter, together with such others as may from time to time be designated by
the City Manager. Any and all powers granted and/or duties imposed upon the Department of
Public Works and/or the Director of Public Works may be delegated in writing by the Director of
Public Works and/or the City Manager to person(s) or entity(ies) acting in the beneficial interest
of and/or in the employ of the City and/or agency.
13.20.050 COMPATIBILITY WITH OTHER REGULATIONS
This Chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other
provision of law. The requirements of this ordinance are in addition to the requirements of any
other ordinance, rule, regulation, or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance, rule,
regulation, or other provision of law, whichever provision is more restrictive or imposes higher
protective standards for human health or the environment shall control.
13.20.060 SEVERABILITY.
The provisions of this Chapter are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
applicability of the remaining provisions, requirements, mandates, or scope of this Chapter.
13.20.070 ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this Chapter are minimum standards;
therefore this Chapter does not intend or imply that compliance by any person will ensure that
there will be no contamination, pollution, or unauthorized discharge of pollutants, or violations
hereof.
13.20.080 DISCHARGE PROHIBITIONS.
(A) Prohibition of Illicit Discharges and other Prohibitions.
(1) No person shall throw, drain, or otherwise discharge, cause, or allow others under its
control to throw, drain, or otherwise discharge into the City of Janesville’s MS4 any
pollutants or waters containing any pollutants, other than storm water.
(2) Every person owning property through which a watercourse passes, or such person’s
lessee, shall keep and maintain that part of the watercourse within the property free of
trash, debris, or pollutants that would pollute or contaminate water.
(B) Allowed Discharges.
(1) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated pumped ground water, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs, water from
crawl space pumps, footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water.
(2) Discharges or flow from firefighting, and other discharges specified in writing by the
Department of Public Works as being necessary to protect public health and safety.
(3) Discharges associated with dye testing, however this activity requires a verbal
notification to the Department of Public Works and the Department of Natural Resources
a minimum of one day prior to the time of the test.
(4) Any non-storm water discharge permitted under a WPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the
Wisconsin Department of Natural Resources. Any person subject to such a WPDES
storm water discharge permit shall comply with all provisions of such permit.
(C) Prohibition of Illicit Connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the
MS4 is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage or pollutants to the MS4, or allows such a connection to continue.
(4) Improper connections in violation of this ordinance must be disconnected and redirected,
if necessary, to an approved onsite wastewater management system or the sanitary sewer
system upon approval of the Department of Public Works.
(5) Any drain or conveyance that has not been documented in plans, maps or equivalent, and
which may be connected to the storm sewer system, shall be located by the owner or
occupant of that property upon receipt of written notice of violation from the Department
of Public Works requiring that such locating be completed. Such notice will specify a
reasonable time period within which the location of the drain or conveyance is to be
determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or
other, and that the outfall location or point of connection to the storm sewer system,
sanitary sewer system or other discharge point be identified. Results of these
investigations are to be documented and provided to the Department of Public Works.
13.20.090 COMPLIANCE MONITORING
(A) Right of Entry: Inspecting and Sampling.
The Department of Public Works shall be permitted to enter and inspect facilities subject to
regulation under this ordinance as often as may be necessary to determine compliance with this
ordinance.
(1) If a discharger has security measures in force which require proper identification and
clearance before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the Department of Public Works upon
proper notification.
(2) Facility operators shall allow the Department of Public Works ready access to all parts of
the premises for the purposes of inspection, sampling, examination and copying of
records. The Department of Public Works shall follow all safety requirements of the
facility.
(3) The Department of Public Works and all City employees performing any activity
concerning any part of this Chapter shall have the right to set up upon any facility any
and all such devices as are necessary in the opinion of the Director of Public Works
and/or City Manager to conduct monitoring and/or sampling of the facility’s storm water
discharge. The Department of Public Works shall establish such devices in a manner
such that interference with facility operations is minimized.
(4) The Department of Public Works has the right to require the discharger to install
monitoring equipment as necessary. The facility’s sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stormwater flow and quality shall be
calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral
request of the Department of Public Works and shall not be replaced. The costs of
clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the Department of Public Works access to a facility is a
violation. A person who is the operator of a facility commits an offense if the person
denies the Department of Public Works or any agent thereof reasonable access to the
facility for the purpose of conducting any activity authorized or required by this
ordinance.
(B) Special Inspection Warrant
If the Department of Public Works or any agent thereof has been refused access to any part of the
premises from which storm water is discharged, and he/she is able to demonstrate probable cause
to believe that there may be a violation of any provision of this Chapter, and/or that there is a
need to inspect and/or sample as part of a routine inspection and sampling program designed to
verify compliance with this Chapter or any order issued hereunder, and/or to protect the overall
public health, safety, and welfare of the City and/or community, and/or to any person, then the
Director of the Department of Public Works, and/or the City, and/or City Manager, and/or City
Attorney may seek issuance of a special inspection warrant, pursuant to Wis. Stats. § 66.0119, as
from time to time amended or renumbered.
13.20.100 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE
ACCIDENTAL DISCHARGE OF PROHIBITED MATERIALS OR
OTHER WASTES
The owner, possessor, or operator of any property, activity, operation, or facility which may
cause or contribute to pollution or contamination of storm water, the MS4, or waters of the State
shall provide, solely at his/her/their own cost and expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal MS4 or watercourses
through the use of structural and non-structural BMPs. Further, any person responsible for a
property or premise, that is, or may be, the source of an illicit discharge, may be required to
implement, at said person’s expense, additional structural and/or non-structural BMPs to prevent
the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a
valid WPDES permit authorizing the discharge of storm water associated with industrial activity,
to the extent practicable as determined by the Director of Public Works, shall be deemed
compliance with the provisions of this section.
13.20.110 NOTIFICATION OF SPILLS.
(A) As soon as any person responsible for a facility or operation, has information of any
known or suspected release of materials which are resulting or may result in illicit discharges or
pollutants discharging into the MS4, or a watercourse, said person shall immediately take all
necessary steps to ensure the discovery, containment, and cleanup of such release.
(B) In the event of such a release of hazardous materials said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch services. In the event of
a release of non-hazardous materials, said person shall notify the Department of Public Works in
person or by phone or facsimile no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the Department of Public
Works postmarked by the next business day.
(C) If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall prepare a written record of the
discharge and the actions taken to clean up and prevent its recurrence. Such records shall be
personally delivered or mailed via certified mail to the City of Janesville Department of Public
Works.
(D) Failure to provide notification of a release as provided above is a violation of this
ordinance.
(E) This section does not replace, or relieve the property owner of or from any federal or
state spill response regulations or requirements.
13.20.120 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(A) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of
the requirements of this ordinance. Any person who has violated or continues to violate the
provisions of this ordinance, may be subject to the enforcement actions outlined in this section or
may be restrained by injunction or otherwise abated in a manner provided by law.
(2) In the event the violation constitutes an immediate danger to public health or public
safety, the Department of Public Works is authorized to enter upon the subject private property,
without giving prior notice, to take any and all measures necessary to abate the violation
including suspension of MS4 access. The Department of Public Works is authorized to seek
costs of the abatement as outlined elsewhere in this Chapter.
(B) Notice of Violation.
Whenever the Department of Public Works finds that a person has violated a prohibition or
failed to meet a requirement of this ordinance, the Department of Public Works may order
compliance by written notice of violation to the responsible person.
The Notice of Violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which
the violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance with this
ordinance and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed;
(6) A statement that the determination and/or notice of violation may be appealed to the City
Plan Commission and then to the Common Council of the City of Janesville, all subject
to judicial review in a circuit court solely in Rock County, Wisconsin, by filing a written
notice of appeal within three (3) business days service of the City’s notice of violation;
and
(7) A statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental agency or
contractor and the expense thereof shall be charged to the violator.
Such notice of violation may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of BMPs.
(C) Prosecution and Penalties.
(1) No person may violate or cause another to violate any provision, requirements,
obligation, and/or mandate set forth in this Chapter.
(2) Any person that has violated or continues to violate any provisions, requirement,
obligation, and/or mandate set forth in this Chapter shall be liable to prosecution to the
fullest extent of the law.
(3) Each violator shall forfeit and pay a penalty not to exceed One Thousand Dollars
($1,000) for each violation -- (depending on the severity of the violation). Any person
violating any of the provisions of this Chapter shall be subject to the relief, enforcement
and penalties set forth in Chapter 15.80 of the Code of General Ordinances of the City of
Janesville, as from time to time amended, revised, or renumbered.
Comment [mp1]:
This language was taken from
the Erosion Control Ordinance 15.05.100 H for
(4) In addition, in the event that the alleged violator fails to take the remedial measures set
consistency purposes.
forth in the notice of violation or otherwise fails to cure the violations described therein
within the set time period specified by the City and/or any other authorized agency after
the City, the Department of Public Works, and/or the Director of Public Works has/have
severally or jointly taken one or more of the actions described above, the violator shall
forfeit and pay a penalty not to exceed One Thousand Dollars ($1,000) per violation
(depending on the severity of the violation).set forth in Chapter 15.80 of the Code of
General Ordinances of the City of Janesville, as from time to time amended, revised, or
renumbered.
Comment [mp2]:
Again for consistency
purposes
(5) In addition, each day’s continuance of each violation shall constitute a separate violation
whether or not notice is provided.
(6) In addition, and not in lieu thereof, each day that a violation remains unremedied after
receipt of the notice of violation shall also constitute a separate violation. The City may
concomitantly and/or separately seek and obtain other equitable and/or legal relief
including, but not limited to, injunctive relief and abatement. All penalties, forfeitures,
legal, and equitable relief and remedies shall be cumulative and not exclusive. The non-
use of one remedy, relief, or penalty for any violation, event, or situation, shall not act as
any waiver, estoppel, or other bar to seek and/or obtain such legal and/or equitable
remedy, relief, and/or penalty for similar and/or other violations(s) hereof.
Department of Public Works
13.20.130 APPEAL OF NOTICE OF VIOLATION
(A) The Plan Commission for the City of Janesville shall serve as the board of appeals for
purposes of this Chapter; then the Common Council of the City of Janesville. The Plan
Commission and, if subsequently appealed thereto, the Common Council:
(1) Shall hear and decide appeals where it is alleged that there is error in any order, decision
or determination made by the City Engineer and/or the Director of Public Works in
except
administering this Chapter for cease and desist order(s).
(2) Upon appeal, may authorize one or more variance(s) from one or more provision(s) of
this Chapter but only if such variance(s): (a) are not contrary to the public interest; and
(b) where owing to unique and/or special conditions, a literal enforcement of the
applicable provision(s) of the Chapter will result in “unnecessary hardship”; and
(3) Shall use the rules, procedures, duties, and powers authorized by other ordinances and/or
state statute and/or law in hearing and deciding appeals and authorizing such variance(s).
(B) WHO MAY APPEAL.
Appeals to the Plan Commission and subsequently to the Common Council may be made by any
aggrieved person, whether or not the affected property owner, and/or or by any elected or
appointment official, officer, department, board, commission, of the City of Janesville affected
by any decision of the Director of Public Works involving this Chapter.
Department of Public Works
13.20.140 ENFORCEMENT MEASURES AFTER APPEAL
(B) If any violation has not been fully remedied and/or corrected, pursuant to the requirements,
obligations, mandates, and provisions set forth in this Chapter and/or as set forth in the Notice of
Violation, and/or, in the event of an appeal, the municipal authority shall uphold the decision
and/or order(s) of the Department of Public Works, Director of Public Works, City Manager,
and/or her/his respective applicable designee(s), then representatives, employees, and agents of
the Department of Public Works are authorized to enter upon the subject private property from
time to time and at any time, and without prior or other notice, and take any and all measures the
Director of Public Works, the City Manager, and/or his/her respective designee(s) determine
from time to time and at any time, necessary, desirable, and/or helpful: (a) to abate the violation;
and/or (b) protect the public good, health, welfare, peace, tranquility, and/or good order; (c)
protect any person or property from harm or damage; and/or (d) to prevent further violation of
this ordinance; and/or (e) to directly and/or indirectly protect the public waters of the state. . It
shall be unlawful for any person, owner, agent or other in possession or control of any premises
or property to refuse, prevent, obstruct, hinder, delay or not allow the government agency, City,
City employees, agents, and representatives, and/or designated contractor(s) to enter upon the
premises or property for the purposes set forth above in this Chapter.
13.20.150 COST OF ABATEMENT OF THE VIOLATION.
The Department of Public Works of behalf of the City may recover, and the applicable property
owner(s) shall pay to the City, any and all staff time; contractor time; time and overhead of staff
and others; attorney’s fees; court costs; remediation and abatement costs, fees and expenses;
payment(s) of any kind made, and/or obligations incurred by the City; and any and all other
costs, fees, and expenses (“Costs”) directly and/or indirectly arising from and/or pertaining to the
enforcement of any provision set forth in this Chapter. Such shall include, but not be limited to:
costs of administration, city staff time, city expenses, private contractor work under contract with
the city, sampling and monitoring expenses. The owner of the property shall be notified of the
Costs. If the Cost amount due is not paid by the date determined by the municipal authority
and/or City Clerk-Treasurer and/or her/his designee, the charges shall become a special charge
against the property, shall constitute a lien on the property, and shall be collected as property
taxes are revered.
13.20.160 VIOLATIONS DEEMED A PUBLIC NUISANCE.
Any violation of any of the provisions set forth in this Chapter shall be declared and deemed a
nuisance, and may be summarily abated or restored at the violator’s sole cost and expense.
13.20.170 ADOPTION OF ORDINANCE.
Upon passage, this ordinance Chapter shall be in full force and effect the day after publication
ADOPTED:
Motion by:
Second by:
Councilmember Aye Nay Pass Absent
APPROVED:
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST: ______
Rashkin
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Truman
APPROVED AS TO FORM:
Voskuil
_________________________________
Wald Klimczyk, City Attorney
Proposed by: Tim Whitaker, Engineering
Prepared by: WDNR, Engineering, City
Attorney