§ 8-6. Administration and enforcement.

(a)

Administration. The city engineer or his designee shall administer and enforce provisions of this chapter as follows:

(1)

The city engineer is designated to administer and enforce the grading, vegetation, erosion control, sedimentation control and drainage provisions of this chapter for all development and construction projects with the following duties and responsibilities:

a.

Review all development permits to assure that the permit requirements of this chapter have been satisfied.

b.

Advise permittee when additional federal or state permits may be required, and if specific federal or state permits are known to be required that copies of such permits be provided and maintained on file with the development permit.

c.

Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2)

The city engineer shall administer and enforce those provisions of this chapter which apply to developed and occupied areas and to property in an undeveloped state affecting city responsibility for maintenance of the storm drainage system. The city engineer shall assure that maintenance is provided within any altered or relocated portion of any watercourse so that flood-carrying capacity is not diminished.

(b)

Flood hazard map preparation. The city engineer shall prepare and maintain the flood hazard map using the most current flood insurance study prepared by the Federal Emergency Management Agency with accompanying maps, or by such engineering studies prepared under the supervision of a currently state registered professional engineer which the city engineer, by using common and appropriate engineering procedures, shall deem accurate and acceptable for floodplain definition, or such studies as the director may prepare.

(c)

Bond provision. A bond shall be required under this chapter as follows:

(1)

Policy. It is hereby declared to be public policy that the developer of any property upon which development is proposed to be conducted shall be required to furnish a bond or other financial security necessary to insure the installation and maintenance of all structures and facilities required by this chapter.

(2)

Standards. Current bonding provisions used by the city to insure installation, proper functioning and maintenance of drainage facilities within public rights-of-way shall remain in effect pending accomplishment of an evaluation of the city's bonding procedures.

(d)

Inspection and right of entry. Upon presentation of city engineer designee identification to the developer, contractor, owner, owner's agent, operator or occupants, employees of the development and roads and drainage departments may enter during all reasonable hours any property under proposed or existing development and construction. These employees may make inspections of the facilities for the purpose of determining plan requirements or compliance with ordinance provisions. City engineer designees may inspect any drainage system within or outside of an existing drainage easement. All drainage facilities located on private property, whether dedicated to the city or not, shall be accessible at all times for city inspection. Where drainage facilities are accepted by the city for maintenance, public access easements shall be provided. Reasonable access shall be provided to all drainage easements for inspection and maintenance functions. Where an easement does not exist for the drainage system, the permission of the owner shall be obtained before entrance; however, in the event of emergency maintenance requirements, permission of the owner shall not be mandatory.

(e)

Emergency maintenance. The city engineer may conduct emergency maintenance operations on private land and on drainage systems where emergency conditions exist. Emergency maintenance shall constitute the removal of trees and other debris, which in the judgment of the city engineer, create a condition potentially injurious to life, property and public road system.

(1)

The tree provisions of this chapter shall not apply in the case of emergencies such as floods, windstorms, ice storms or other disasters.

(2)

Emergency maintenance conducted on any drainage system shall not be construed as constituting a continuing maintenance obligation on the part of the city.

(f)

Notice of violation. Whenever the city engineer determines that activity on a property does not comply with the approved development and construction plans, he may issue a notice of violation. Whenever the city engineer determines that the drainage system has been unlawfully altered, causing inadequate drainage, he may issue a notice of violation. The notice of violation of the provisions of this chapter or of any rule or regulation adopted pursuant thereto, shall be to the owner of the property or his agent and shall:

(1)

Be in writing;

(2)

Include a description of the property sufficient for identification of where the violation has occurred;

(3)

List the specific provisions of this chapter which have been violated; and

(4)

State that, if these repairs, construction or alterations are not completed within a reasonable time period specified by the city engineer, summons shall be issued for the owner to appear in recorder's court. Each day the violation continues shall constitute a new and separate violation. However, in the judgment of the city engineer where the violation is willful, in wanton disregard of the provisions of this chapter or constitute a public health and safety hazard, he may issue a court summons in lieu of a notice of violation.

(g)

Remedies. The city engineer shall hear and decide appeals from administrative or enforcement actions taken pursuant to the provisions of this chapter within fifteen (15) days of the appeal being filed. Any person aggrieved by a decision of the city engineer or seeking a variance from the development standards of this chapter shall have the right of appeal to the city council in accordance with the jurisdictional and procedural requirements of the zoning ordinance, provided however, the city council shall not have authority to approve any variance that would conflict with regulations of the federal flood insurance program.

(h)

Duration of permit. Any development, grading or tree permit issued by the city engineer or approval of site plan or hydrologic study by the city engineer shall be in force for one (1) year. If not substantially acted upon within that time, the permit and/or approval shall be rescinded.

(Ord. of 11-3-87, § 11-4010)