§ 40-522. Enforcement methods and inspections.

(a)

All property owners of improved property within the incorporated areas of Cornelia shall provide, manage, maintain, and operate on-site stormwater management systems sufficient to collect, convey, detain, and discharge stormwater runoff in a safe manner consistent with all applicable city development regulations, ordinances, and state and federal laws. Any failure to meet this obligation shall constitute a violation of this article and be subject to citation and prosecution in the Cornelia Municipal Court. Each day such violation exists shall constitute a separate offense, subject to the penalties set forth in section 1-7 of the Code of the City of Cornelia.

(b)

Alternately, in the event a public nuisance is deemed to exist by the city manager, the city may elect to sue in the Superior Court of Habersham County to abate such nuisance. In the event a public nuisance is found by the court to exist, which the property owner fails to abate within such reasonable time as allowed by the superior court, the city may enter upon the property and cause work as is reasonably necessary to be performed, with the actual cost thereof assessed against the property owner in the same manner as a tax levied against the property. From date of filing of such abatement action, the city shall have lien rights which may be perfected, after judgment, by filing a notice of lien on the general execution docket of the Superior Court of Habersham County.

(c)

The city shall have the right for its designated officers and employees to enter upon public and private property during reasonable hours, and after reasonable notice to the owner thereof, in order to assure compliance with the provisions of this article, and state and federal law. Such inspections shall generally be limited to the following purposes:

(1)

Inspecting or conducting engineering analyses on existing stormwater management systems and facilities located on-site; or

(2)

Determining that stormwater management systems and facilities need to be constructed.

(Ord. No. 09-16-01, 10-4-2016)