(1) Special Drainage Requirements. Development in areas where the Department has determined that the existing flooding, drainage and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the Director until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features, or other controls necessary to protect against community hazard.

(2) Variance. Where alternate facility designs or methods will produce a compensating or comparable result in the public interest and which will meet this section’s objectives for special drainage requirements of safety, function, appearance, environmental protection and maintainability, based upon sound engineering judgment, a variance to the special drainage requirements in this section may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter.

(3) Best Practicable Alternative. Where application of this section will deny all reasonable use of a property, and a facility or design that produces a compensating or comparable result cannot be obtained, then a best practicable alternative may be obtained, to be determined by the Director of Community Development according to the variance process defined by the Director.

(4) Remedy of Hazardous Situation. If the Director determines that a critical drainage and/or erosion hazard (a) poses a hazard to public health, safety, and welfare, (b) endangers any property, and/or (c) adversely affects the condition or capacity of other drainage facilities, the safety and operation of City right-of-way, utilities, and/or other property owned or maintained by the City, then the applicant/person to whom the permit was issued, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

(5) Immediate Action to Protect Public Health. Notwithstanding any other provisions of this chapter, if the Director determines that conditions covered by this chapter exist requiring immediate action to protect the public health, safety, or welfare, the Director is authorized to enter at all times in or upon any such property, public or private, for the purpose of inspecting and investigating such conditions. The Director may without prior notice order the immediate discontinuance of any activity leading to the conditions. Failure to comply with such order shall constitute a misdemeanor as provided in Chapter 1.30 CMC.

(6) Liability for Costs. The owner of the property and/or the person responsible for the maintenance of the stormwater facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the Director will have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 13-09 § 10 (Exh. 2); Ord. 37-02 § 2 (9.04.130). Formerly 13.25.060)