2011-19 Stormwater Management ORDINANCE NO. 2011-19
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, RELATING TO THE VILLAGE'S STORMWATER
SYSTEM; AMENDING ARTICLE V, "STORMWATER MANAGEMENT," OF
CHAPTER 21, "PLANNING AND DEVELOPMENT," BY AMENDING
SECTION 21-70, "WATER QUALITY," TO DELEGATE OVERSIGHT OF
THE STORMWATER SYSTEM TO THE COMMUNITY DEVELOPMENT
DIRECTOR; AMENDING ARTICLE VI, "CODE ENFORCEMENT," OF
CHAPTER 2, "ADMINISTRATION,"OF THE VILLAGE CODE OF ORDINANCES
TO PROVIDE FOR ENFORCEMENT OF THE STORMWATER REGULATIONS
BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article V, of Chapter 21, provides for the administration of the Village's
stormwater management system, regulating discharges from industrial activities and prohibiting
illicit discharges of materials other than stormwater into the system; and
WHEREAS, when the Village Council divided the former Public Services Department into
the Public Works Department and the Community Development Department, the responsibility
for stormwater management remained with the Public Works Department; and
WHEREAS, the administration of the Village's National Pollutant Discharge Elimination
System (NPDES) permit requirements, including the investigation of illicit discharges, is being
performed by the Village's Community Development Department; and
WHEREAS, Village Administration is recommending amending Article V of Chapter 21
to place stonnwater management under the Director of Community Development and amending Article VI
of Chapter 2 to specifically authorize the Code Enforcement Special Magistrate to enforce the Code
provisions regulating the Village's stormwater system,including those pertaining to illicit discharges;and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 21, "Planning and Development," Article V,
"Stormwater Management," of the Village Code of Ordinances by amending Section 21-70 to
read as follows (additional language underlined and deleted language stricken through):
Sec. 21-70. Water quality.
• (a) Definitions.
(1) Authorized official: Any employee of the village authorized in writing by
the director to administer or enforce the provisions ofthis sectien article.
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(2) Director: The director of public works community development.
* * *
IllSection 3. The Village Council hereby amends Chapter 2, "Administration," Article VI,
"Code Enforcement," of the Village Code of Ordinances by amending Section 2-173 to read as
follows (additional language underlined):
Sec. 2-173. Applicability.
The special magistrate shall enforce and have jurisdiction of over the following codes:
* * *
Chapter 19,Village ofNorth Palm Beach Code,containing noise control code.
Chapter 21, Village of North Palm Beach Code, administrating and
regulating the Village's stormwater management system.
Chapter 24, Village of North Palm Beach Code, containing the streets,
sidewalks and driveways code.
* * *
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 22nd DAY OF SEPTEMBER, 2011.
PLACED ON SECOND,FINAL READING AND PASSED THIS 13th DAY OF OCTOBER,2011.
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t� :ATTEST:
',I‘:Ie_-'', V1If LAGE CLERK
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APPROVED AS TO FORM AND
• LEGAL SUFFICIENCY:
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VILLAGE ATTORNEY
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