§ 74-522. Enforcement.

(a)

Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in section 74-523 may be in addition to and shall not prevent such equitable relief.

(b)

All development and redevelopment activities, including single-family residential development, shall comply with the following:

(i)

Lots and buildings shall be developed in a manner to ensure that stormwater exiting individual parcels or lots under post-developed conditions does not adversely impact the adjacent parcels or lots as a result of concentrated flows, flooding, erosion, or deposits of silt or sediment;

(ii)

The stormwater discharge from a downspout, cistern, or any water collection device shall be located a distance of no less than ten feet from common property line and oriented so direction of concentrated flow is not toward the adjacent property line;

(iii)

Discharge from any downspout described in (a) must be dissipated, infiltrated, or diverted such that flows will not be concentrated; and

(iv)

No person shall erect, construct, or otherwise permit any obstruction that prevents the natural or contained flow of water to any component of the stormwater system of the City of Atlanta, unless such obstruction is allowed as part of a permit approved pursuant to this article.

Failure to comply with the requirements of this subsection shall be a violation of this article subject to the enforcement provisions and penalties outlined in this article.

(c)

Right-of-entry for inspection. The City of Atlanta may enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this article is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

(d)

Any enforcement activities for violations of the provisions of this article which are also violations of Article II of Chapter 74 for land-disturbing activities shall be undertaken pursuant to the provisions of Article II of Chapter 74.

(e)

Any enforcement activities for violations of the provisions of this article which are also violations of Chapter 158 for vegetation shall be undertaken pursuant to the provisions of Chapter 158.

(Ord. No. 2013-05(12-O-1761), § 20, 2-13-13)