Ordinance No. 2017-12 Creating Sections 30-61 through 30-67 Enhanced Stormwater Management System - October 3, 2017 ORDINANCE NO. 2017-12
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 30, "ENVIRONMENT," AT ARTICLE III, "STORMWATER," BY
CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN
ENHANCED STORMWATER MANAGEMENT SYSTEM, AND SPECIFYING
ENVIRONMENTAL AND OTHER REGULATIONS CONCERNING SAID
SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that changes to the adopted Code of
Ordinances are periodically necessary in order to ensure that the City's regulations are current
and consistent with the City's planning and regulatory needs and changes in State law; and
WHEREAS, the City is responsible for the maintenance and expansion of the existing
stormwater management system, which has been developed over a number of years for the
purpose of collecting and disposing of stormwater; and
WHEREAS, it is necessary and essential that the City address the various
environmental issues that burden the stormwater management system; and
WHEREAS, the City Commission has determined that it is in the best interests of the
citizenry and general public to provide for the safe and efficient capture and conveyance of
stormwater runoff and the correction of stormwater problems; and
WHEREAS, the City Commission has reviewed the proposed amendments, and finds
that it is in the best interests of the public to amend the City Code as set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT':
Section 1. Recitals Adopted. That each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. Sections 30-61 through 30-67, of Division 1
"Generally," of Article Ill "Stormwater" of Chapter 30, "Environment" are hereby created to read
as follows:
Chapter 30 - ENVIRONMENT
ARTICLE III. - STORMWATER
DIVISION 1. - GENERALLY
Underlined provisions constitute proposed additions to existing City Code text.
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City of Aventura Ordinance No. 2017-12
Sec. 30-61. - SCOPE AND PURPOSE.
The scope and purposes of this Division are:
(A) To provide for effective management of a stormwater management system ("System")
within the City;
(B) To provide a mechanism for mitigating the damaging effects of uncontrolled and
unplanned stormwater runoff from both a water quality and water quantity standpoint;
(C) To improve the public health, safety, and welfare by providing for the safe and efficient
capture and conveyance of stormwater runoff and the correction of stormwater
problems.
Sec. 30-62. - DEFINITIONS.
The following words, when used herein, shall have the meanings indicated, unless the
context indicates otherwise:
City shall have the meaning specified in Sec. 1-2 of this Code.
Commission shall have the meaning specified in Sec. 1-2 of this Code.
Consulting engineer. A qualified engineer or engineering firm licensed in the State of
Florida and retained by the City to perform the acts and carry out the duties relating to the
system, as required by the City.
Development or development activity shall have the meaning specified in Sec. 30-164 of
this Code.
Impervious area shall have the meaning specified in Sec. 30-92 of this Code.
Stormwater shall have the meaning specified in Sec. 30-92 of this Code.
Stormwater management system shall have the meaning specified in Sec. 30-92 of this
Code.
Structure means anything constructed, installed, or portable, the use of which requires a
location on a parcel of land. It includes a movable building which can be used for housing,
business, commercial, agricultural, or office purposes, either temporarily or permanently.
"Structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts,
poles, pipelines, transmission lines, tracks, signs, cisterns, sheds, docks. mooring area, and
other accessory construction.
Sec. 30-63. - FINDINGS AND DETERMINATIONS.
It is hereby found, determined and declared, as follows:
(A) All terms not otherwise defined in this Section shall have the meaning ascribed to
such terms in Section 30-62 of this Division.
(B) As a means of complying with Federal and State-mandated goals and priorities
relating to stormwater management, and to provide for the current and future needs of
the City with respect to collection, control, and disposal of storm and other surface
water within the geographical boundaries of the City, the City's existing system and all
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stormwater drainage facilities relating thereto presently owned and managed by the
City, including but not limited to such storm sewers. drains, culverts. retention
systems, detention basins, drainage wells, conduits, and appurtenant features, catch
basins, outfall structures, equipment, and all appurtenances, whether man-made or
natural, necessary, useful, or convenient shall be treated as a unified stormwater
management system.
(C) Any development affecting storm and surface water should be managed, regulated,
and controlled under the unified management of a city-wide system for the purpose of,
among other things, reducing or controlling erosion, sedimentation and turbidity, and
other pollution of water, danger, and damage to life and property, and to protect and
encourage the use of natural and efficient man-made means to these ends.
(D) The operation of the system will serve a vital public purpose and promote the common
interests and provide for the health, safety, and welfare of the residents of the City.
(E) Those elements of the system which provide for the collection, storage, treatment, and
conveyance of stormwater management, are of benefit and provide value to all
properties within the City.
Sec. 30-64. - CREATION OF STORMWATER MANAGEMENT SYSTEM.
The existing system owned by the City at the time of the creation of this section and any
additions thereto; shall be recognized as the stormwater management system. The City
Manager shall designate a City Department that shall have jurisdiction over the maintenance
of the system and the responsibility for the administration thereof. The City Manager or his/her
designee shall be authorized to determine and prescribe the requirements of the stormwater
management system including all components of the infrastructure and all necessary or
desirable alterations, repairs, and extensions to manage and control stormwater runoff
provided such action serves a public purpose, based on recommendations by a licensed
professional engineer, as deemed necessary.
SEC. 30-65. - PRIVATE FACILITIES.
(a) The property owner shall be responsible for stormwater drainage facilities located on
private property where runoff will principally be collected within that property. The owner
shall clean and maintain the facility or channel, as required, to ensure efficient and proper
operation of the facility. The owner shall obtain the City's prior written approval for any
proposed changes or alterations to any private stormwater drainage facilities that, in the
City's sole discretion, as decided by the City Manager or his or her designee, may
substantially or adversely affect stormwater drainage in the property owner's area in light
of the requirements of this Article and applicable law.
(b) The City shall provide for inspection of private facilities to ascertain that the stormwater
facilities are functioning as designed and approved.
(c) The owner of any stormwater drainage facility that connects directly or indirectly to the
City's stormwater management system shall maintain the facility to limit the peak
discharge, and the quantity of runoff, entering the City's System to that which was
computed at the time the connection was authorized.
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(d) In any instance where existing property, land, buildings, or development negatively impact
adjacent properties, land, buildings, or residences by directing or causing to be directed
stormwater or runoff to the adjacent site; the City shall have the authority to require said
property to take corrective action as it deems appropriate to ameliorate or otherwise
mitigate said impact to the maximum extent practicable. Failure to complete said
corrective action within a reasonable time shall constitute a violation of this Article.
SEC. 30-66. - POLLUTION CONTROL.
(a) Construction sites and construction activities:
(1) Construction sites and operations shall be required to maintain, during and after all
construction, development, excavation, and/or alteration operations, structural and
non-structural, best management practices with the intent to reduce pollutants and
sediment in stormwater run-off.
a. Construction or construction operations over any existing or planned stormwater
management system, or any such operations causing interference with any
stormwater management system shall not be permitted.
b. A schedule of inspections for monitoring may be developed to be carried out
during and after the construction and operation phases as conditions to the permit
to determine and verify compliance with this section.
(b) Illicit discharges. Any dumping, spilling, or discharging of any non-stormwater material to
any surface area or stormwater management system shall be prohibited unless allowed by
prior written approval of the City. Prohibited illicit discharges shall require spill response,
spill control, and spill clean-up by the property owner and responsible party as designated
and prescribed by the City.
(c) Alterations or obstructions to stormwater management. Alterations or obstructions to any
stormwater management system, including pump stations, structural controls, catch
basins, culverts, wetlands, or swales shall be prohibited without prior written approval of
the City.
(d) Herbicide, pesticide, fertilizer applications. Companies involved in the application of
herbicides, pesticides, fertilizers, or any regulated material shall be required to obtain
operating licenses, train their employees in the application of said materials with the intent
to minimize or prevent over application and spills; and develop plans for spill response and
spill control of said materials.
(e) Backwash disposal. The disposal of filter backwash water to stormwater management
systems shall be prohibited.
(f) Litter, littering material. The accumulation, placing, sweeping, scattering, throwing, or
dumping of litter, or littering material such as dead plants, yard clippings, stagnant water,
rubbish, debris, trash, including any wrecked, derelict, or partially dismantled motor
vehicle, trailer, boats, machinery, appliances, furniture or other similar article, or any
unsanitary, hazardous or significant material upon any surface area, stormwater
management system, or water body within the City is hereby prohibited.
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(g) Stormwater interagency agreements and stormwater programs. The City is authorized to
develop interagency agreements and mutually compatible programs with the South Florida
Water Management District, Florida Department of Transportation, Miami-Dade County,
and other local governmental agencies, and all private agencies, with the intent to control
the contribution of pollutants within the inter-system stormwater management system
linkages, in order to develop mutually compatible stormwater management programs and
systems; and to develop and enforce stormwater management, inspections, and
monitoring programs.
(h) Determination of compliance or non-compliance. The City Manager or his or her designee
shall have the authority to determine the compliance or non-compliance with this section
of a stormwater management system or non-stormwater discharge to a stormwater
management system, body of water, or surface area; based on investigation, surveillance,
monitoring, sampling, testing, and/or sound engineering and operational evaluations.
(i) Assessment of penalty for non-compliance.
(1) Upon determination of a violation of this section, the City may assess against the
violator a penalty of five hundred ($500.00) per offense. Higher penalties may be
imposed for irreparable or irreversible violations in accordance with Sec. 162.09 (2)
(a), F.S.
(2) Additional charges and costs against the violator may be assessed in an amount
determined by the City Manager or his or her designee, depending on the extent of
environmental damage, required mitigation, the cost of remediation, and enforcement.
(3) Upon determination of a violation of this section, the violator shall bear all costs
incurred for clean-up, enforcement action, and remediation.
(4) Each day during on which the violator continues to violate the provisions of this Code
after having been notified of such violation shall constitute a separate violation and
may incur additional penalties.
(5) It shall be the responsibility of the City Manager or his or her designee, to determine if
a violation of this section exists, as based on the findings required in this article and
applicable law. The City Manager may initiate enforcement proceedings through the
City's special master, code enforcement program, or otherwise.
(j) Stormwater inspections and monitoring procedures. To the fullest extent allowed by law,
the City may enter all structures and premises to perform inspections, surveillance, and
monitoring procedures, within reasonable hours, of said structures or premises, and shall
have free access to copying or reviewing pertinent records of a facility, system, or
premises in order to ascertain the state of compliance with the laws, rules, and regulations
of the City, as outlined in this division.
(1) The compliance personnel of the City shall be provided with official identification and
shall exhibit such identification when making inspections.
(2) The owner, operator, lessee, occupant, or person in charge of the structure or
premises shall give the inspecting officer free access to the structure or premises for
the purpose of making such inspections without hampering, obstructing, or interfering
with such inspection.
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(k) Effluent standards and water quality criteria. The City adopts section 24-42 of the Code of
Miami-Dade County as minimum surface water criteria and effluent standards for
discharges to surface water, as applicable.
SEC. 30-67 - PROHIBITIONS.
(a) It shall be unlawful for any person to drain, deposit, place, or otherwise discharge into any
body of water or stormwater system within the City, or to cause or permit to be drained,.
deposited, placed, or otherwise discharged into such waters, any organic or inorganic
matter which causes or tends to cause pollution defined as follows:
(1) Petroleum products, including but not limited to oil, gasoline, and grease.
(2) Solid waste.
(3) Pet waste.
(4) Chemicals.
(5) Paints.
(6) Soaps.
(7) Laundry waste.
(8) Steam cleaning waste.
(9) Pesticides, herbicides, or fertilizers.
(10) Degreasers, solvents.
(11) Heated water.
(12) Sanitary sewage.
(13) Chemically treated cooling water.
(14) Antifreeze, and other automotive products.
(15) Lawn clippings, leaves, branches, etc.
(16) Animal carcasses.
(17) Silt.
(18) Acids or alkalis.
(19) Recreational vehicle waste.
(20) Dyes (without prior written permission of the City).
(21) Construction materials.
(22) Any groundwater which contains phosphorous or nitrogen concentrations greater than
the surface water into which the groundwater is discharged.
(23) Any water which exceeds the state surface water standards.
(24) Toxic or poisonous solids or liquids.
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(25) Solids in such quantities or of such size capable of causing interference or obstruction
to the flow in the City's stormwater system.
(b) It shall be unlawful to wash any public or private streets, buildings, sidewalks or parking
areas, unless all visible debris and sediments have been removed prior to washing. If the
removal of the debris and sediments is not feasible (as determined by the City Manager or
his or her designee), then the street, building, etc. may only be washed with the City
Manager's or his or her designee's prior written approval, which may include requirements
to clean the affected drainage pipelines or provide treatment of wastewater runoff to
prevent downstream pollution. Only water may be used for washing purposes, unless
approved in writing by the City Manager or his or her designee upon advice of the
Consulting Engineer and not prohibited by other laws.
(1) The City may order the correction of any unsafe, nonconforming or unauthorized
condition which is in violation of any provision of this Code or regulation adopted
hereunder. The City may also order the discontinuance of any activity causing such
condition.
(2) Whenever the City orders the correction or discontinuance of any condition or activity
on any premises pursuant to this section, the City shall notify the owner or other
person responsible for such conditions or activity in writing. Said notice shall state the
nature of the violation, direct the person to correct or discontinue the condition or
activity, and provide a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the time period stated in such notice, permanently cease or
correct all violations. Failure to comply with such order shall constitute a violation of
the provisions of this section.
(3) Notwithstanding any other provisions of this chapter, whenever the City Manager or
his or her designee determines that conditions or activities exist requiring immediate
action to protect public health, safety, or welfare, the City Manager or his or her
designee is authorized to enter at all reasonable times in or upon any property for the
purpose of testing, inspecting, investigating, measuring, sampling, and correcting such
emergency conditions. The City may order the immediate discontinuance of any
activity which causes or tends to cause the emergency condition. Failure to comply
with such order shall constitute a separate violation of this section.
(4) Any person responsible for pollutant discharge into any body of water or stormwater
systems, and who fails to correct any prohibited condition or discontinue any
prohibited activity at the City's request, shall be responsible to pay the necessary
expenses incurred by the City in carrying out the pollution abatement, including any
expenses incurred in testing, measuring, sampling, collecting, removing, containing,
treating, and disposing of the pollutant materials.
(c) The City may, immediately upon discovering an ongoing or potential discharge of
pollutants into the City's bodies of water or stormwater system in violation of this section,
seek relief in any court of competent jurisdiction for a temporary restraining order or
temporary or permanent injunction to halt or prohibit such discharge. Prior to the filing of
such judicial action, the City shall attempt to notify the offender of the City's intention to file
such action, but such notification shall not be a condition precedent to the City's action for
and obtaining such or other relief.
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(1) Any person who violates any of the provisions of this section shall be punished as
provided in this division. Each and every day on which such person continues to
violate the provisions of this section after having been notified of such violation shall
constitute a separate offense.
(2) Any person who violates any provisions of this section shall be subject to a civil
penalty of up to five hundred dollars ($500.00) per day for each day that such person
is in violation of this division. Higher penalties may be imposed for irreparable or
irreversible violations in accordance with Sec. 162.09 (2) (a), F.S.
(3) Any person who causes or allows an unauthorized discharge, or who otherwise
violates the provisions of this division, may be required to appear before the City's
Special Master for code enforcement proceedings pursuant to City Code or at any
judicial forum invoked by the City.
(4) The remedies and penalties provided in this section are not exclusive, and the City
may seek whatever other remedies are authorized by statute, at law, or in equity,
against any person who violates the provisions of this Article.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Conflict. If the provisions of this Ordinance conflict with other provisions in
the Code, the more restrictive provisions shall prevail.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re-
lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 6. Penalty. That any person who violates any provisions of this Ordinance shall,
upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail
not to exceed sixty (60) days, or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as
amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by
suit for declaratory, injunctive, or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, F.S.
Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
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City of Aventura Ordinance No. 2017-12
The foregoing Ordinance was offered by Vice Mayor Weinberg, who moved its adoption
on first reading. This motion was seconded by Commissioner Landman and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on second reading. This motion was seconded by Commissioner Dr. Marks and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
PASSED on first reading on this 5th day of September, 2017.
PASSED AND ADOPTED on second reading on this 3rd day of October, 2017.
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City of Aventura Ordinance No. 2017-12
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ATTEST:
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CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 3 day of DC+, 2017.
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