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Home My WebLink About08/04/2009 15 Stormwater Illicit Discharge; YMC Revisions 7.85.060(B) and 7.85.170(A) BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S For Meeting of August 4, 2009 ITEM TITLE: An ordinance related to Stormwater Illicit Discharge — revising two provisions in Chapter 7.85 and specifically amending Yakima Municipal Code Sections 7.85.060(B) and 7.85.170(A). SUBMITTED BY: Dave Zabel!, Assistant City Manager Scott Schafer, Wastewater Manager Lawrence Watters, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Scott Schafer/ 575 -6077 SUMMARY EXPLANATION: The City Council adopted a new Stormwater Illicit Discharge Ordinance on July 7, 2009 and directed staff to consider possible revisions. The staff conducted its review and recommended several revisions that were adopted as amendments by the City Council on July 21, 2009. The staff also considered two other possible revisions but they came past the time for submission of all the proposed changes as one package. These revisions, requested by the the CWHBA (°Home Builders") through their representative, Clarence Barnett, sought amendments to the ordinance to allow consideration of extenuating circumstances when filing a request for an administrative hearing. The proposed amendments to Section 7.85.160(B) and 7.85.170(A) of the Stormwater Illicit Discharge Ordinance provide as follows: "However, as an exception, any person failing to request a timely hearing based on alleged extenuating circumstances has the burden of proof in establishing the circumstances justifying the request." Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL -f City Manager STAFF RECOMMENDATION: Staff respectfully requests Council's adoption of the two revisions to the ordinance. BOARD /COMMISSION/COMMITTEE RECOM MENDATION: • COUNCIL ACTION: • ORDINANCE NO. 2009- AN ORDINANCE related to stormwater regulation; amending Chapter 7.85 of the Yakima Municipal Code entitled Stormwater Illicit Discharge with revisions conceming extenuating circumstances for timely filing of a request for hearing and amending Sections 7.85.160(B) and 7.85.170(A). WHEREAS the City Council adopted a new Stormwater Illicit Discharge Ordinance on July 7, 2009 and directed staff to consider possible revisions; WHEREAS the staff conducted its review to consider possible revisions and determined there were three subjects recommended for amendment that were adopted by the City Council on July 21, 2009; WHEREAS the staff also considered two other possible revisions that were requested but they came past the time for submission of all the other proposed changes as one package; and WHEREAS the staff has now considered the two additional revisions further and recommends approval. • BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.85.160B of the C ity of Yakima Municipal Code is amended to read as follows: 7.85.160 Administrative Hearing. A. A person responsible for a violation of this chapter shall have the right to an administrative hearing to contest the City's determination: (1) to suspend the discharger's connection; (2) to terminate the connection; (3) to impose administrative penalties; (4) to bill the person for costs incurred by the City as a result of the violation or discharge; or, (5) that the discharger has violated a consent decree, agreed order, compliance order, cease and desist order or other agreement or order of the City imposed by this chapter. B. Any hearing pursuant to this section must be requested in writing within fifteen (15) days after the receipt of notice of the City's determination and shall be filed with the Wastewater Manager. Failure to submit a timely notice shall be deemed a failure to exhaust administrative remedies and shall prelude further review. However, as an exception, any person failing to request a timely hearing based on alleged extenuating circumstances has the burden of proof in establishinq the circumstances iustifyina the late request. The City will conduct the hearing within twenty (20) days of the receipt of the request C. The administrative hearing authorized by this section will be held before the City Manager or the City Manager's designee. Formal rules of evidence will not apply but the person and the City shall have the right to present witnesses and documentary evidence. The City Manager or the City Manager's designee will issue a written decision within fifteen (15) days of the conclusion of the hearing. D. Any person requesting a hearing shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the expense of the • person requesting it. 1 E. Except as otherwise provided, all decisions by the City Manager or City Manager's 1111 designee shall be final and conclusive on all parties unless appealed to the City Council under YMC 7.85.170. Section 2. Section 7.85.170A the City of Yakima Municipal Code is amended to read as follows: 7.85.170 Appeal to the City Council. A. Any decision of the City Manager or the City Manager's designee rendered pursuant to YMC 7.85.160 may be reviewed by appeal to the City Council. The appellant must file written notice of appeal with the Clerk of the City Council within fifteen (15) days following legally acceptable receipt of the City Manager or the City Manager's designee's decision or action. Such notice of appeal shall set forth in detail the action or decision appealed and the person's specific grounds for reversal or modification thereof. Failure to submit a timely notice is deemed a failure to exhaust administrative remedies and shall preclude any further review. However, as an exception, any person failing to request a timely hearing based on alleged extenuating circumstances has the burden of proof in establishinq the circumstances justifying the late request. B. Following receipt of such notice, the Clerk of the City Council will schedule a date for a public hearing by the City Council at which time the City Council shall consider the appeal. The date of the public hearing shall generally be no later than thirty (30) days following the date the Clerk of the City Council receives notice of the appeal_ The Clerk of the City Council shall mail written notice to all parties of record to apprise them of the time and date of the City Council's review. • C. The City Council's review of the facts shall be limited to the evidence and record previously presented to the City Manager or the City Manager's designee. The City Council may request additional information or memoranda in order to reach a decision; all parties of record shall be given an opportunity to respond to the information provided. D. The City Council may adopt, amend or reverse the findings, conclusions and decision of the City Manager or the City Manager's designee, or remand the matter to the City Manager or the City Manager's designee for further action. Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 4th day of August, 2009. ATTEST: David Edler, Mayor City Clerk Publication Date: • Effective Date: 2