Note: Prior history: Prior code §§ 25.30—25.38
and Ord. 3238 § 28(a).
(A)
No person shall commit, or cause or permit to be committed, any of
the following acts unless a written permit, or permits, authorizing
the act has been obtained from the City:
(1)
Impair, impede or obstruct the natural flow of storm waters or other
water running in a defined channel, natural or manmade, or in a pipe,
or other component of any storm water drainage system;
(2)
Deposit any material in any such channel, pipe or drainage system;
(3)
Alter the surface of the land so as to reduce the capacity, or alter
the flow characteristics of any such channel;
(4)
Construct, alter or repair any stormwater drainage structure or facility;
(5)
Commit any act within any easement acquired or dedicated, solely
or in part, for drainage purposes which will impair the use of the
easement for such purposes;
(6)
Commit any act that impairs or impedes lawful access to, or maintenance
of, any portion of any publicly owned or operated drainage system.
(Ord. 3272 § 1, 1996)
Driveway and private street culverts shall not cause a restriction
of the flow of any adjoining street drainage system. The owners of
property for which an appurtenant driveway or private street culvert
causes, or contributes to, a restriction in flow of the adjoining
street's drainage system shall, at their expense, maintain, clean
or enlarge the existing culvert to the extent necessary to remove
the restriction.
(Ord. 3272 § 1, 1996)
(A)
The written permits required by this article are:
(1)
Encroachment permits issued by the City Engineer/Director of Public
Works for work on public property or public easements; and/or
(2)
Grading permits issued by the City Engineer/ Community Development
for work done on public easements or property and certain private
property or the Chief Building Official for work done on private property.
(B)
The required permits may be issued for any lawful use, subject to
the conditions set forth in this article and the permits. The issuance
of a permit shall not imply or impute any responsibility of, or liability
to the City for any injuries to persons or damages to property resulting
from any act or work regulated by this article.
(C)
Applications for permits shall be in writing and shall provide the
appropriate City Engineer and/or the Chief Building Official with
such information as requested and required in order that all engineering
and other technical information may be available to the City Engineer
or Chief Building Official as may be necessary to locate, delineate,
illustrate, identify, justify and substantiate the proposed act or
work, and the right and necessity of the applicant to perform the
act or work. The City Engineer or Chief Building Official may require
the applicant to submit soil investigations, tests of material, engineering
plans and investigations and technical reports as he or she deems
necessary and proper.
(D)
The application shall be accomplished by the executed written consent
and a release and waiver of liability as to, and as approved by the
City, executed by all persons whose property would be affected in
any manner by the act(s) or work to be performed.
(E)
In issuing a permit, the appropriate City Engineer and/or the Chief
Building Official may impose conditions reasonably necessary to safeguard
the performance of the work and other properties which may be affected.
A permit may be issued for any term up to one year. The original term
may be extended by the City for a period not to exceed the length
of the original term, upon the filing of a written application therefor
prior to the permit's expiration, if good cause is shown.
(Ord. 3272 § 1, 1996)
Any permit issued pursuant to this article may be issued subject
to the condition(s) that until the permittee has entered into a written
agreement with the City to perform the act or work in accordance with
the terms of the permit and has posted security with the City in an
amount satisfactory to the issuing City Engineer or the Chief Building
Official, in a form satisfactory to the City Attorney, for the faithful
performance of the act or work and/or assuring the payment of laborers
and materialmen. The amount of each type of security which may be
required shall not exceed 100 percent of the Engineer's or the Chief
Building Official's estimate of the cost of the act or work to be
performed and/or its removal or reconstruction in the event of a default
on the part of the permittee.
(Ord. 3272 § 1, 1996)
No permit issued under this article may be transferred or assigned
to another person or entity without the prior written consent of the
City. The City may condition any consent it gives.
(Ord. 3272 § 1, 1996)
The City Engineer or Chief Building Official may inspect or
cause to be inspected, from time to time, any act or work being done
pursuant to a permit, and no permittee shall be deemed to have complied
with this article until a final inspection of the work has been made
by the issuing City Engineer or Chief Building Official and a report
made in writing by the City Engineer or Chief Building Official that
the work appears to have been completed in accordance with the permit.
Unsatisfactory work shall be corrected or reconstructed by the permittee,
and should the issuing City official determine the work is unsatisfactory
due to lack of diligence or a wilful act on the part of the permittee,
that official may apply to the City Council for permission to contract
with any licensed general contractor for the construction or completion
of the act or work in conformance with the permit approval, or for
the removal of the work, or portion thereof, which is nonconforming
to the permit, and the cost thereof may be charged to the permittee
upon the order of the City Council.
(Ord. 3272 § 1, 1996)
This article shall not prevent any person from performing emergency
maintenance or work within, upon, over, under or through any watercourse,
channel, ditch, conduit or natural storm water drainageway as may
be necessary and proper for the preservation of life or property when
an urgent necessity therefor arises. Any person performing such emergency
work shall notify the Department of Public Works as soon as possible
of performance of such work and he or she shall apply for a written
permit for such work within 10 calendar days of the beginning of the
work.
(Ord. 3272 § 1, 1996)
In addition to any other penalties or remedies provided by this
article or by other law(s), the City Engineer or Chief Building Official
may serve personally, or by certified mail, upon the owner of the
property on which a violation of this article occurs, at the address
of the property owner as it appears on the last equalized county assessment
roll, a notice to abate the violation within 10 days after receipt
of notice, and that if the owner fails to abate the violation within
the time period, the City Engineer or Chief Building Official will
cause the abatement thereof and that the cost of abatement may be
charged to the property and to the owner thereof. If any such charge
is not paid within 60 days of its billing to the property owner by
the City, the amount of such charge may be placed as a lien on the
property upon which the violation occurred and shall be collected
in the manner fixed by law for the collection of special assessments;
alternatively, the City may, at its option, recover the same in a
civil action against the property and/or other person(s) responsible
for the violation.
(Ord. 3272 § 1, 1996)
If the Director of Public Works finds that a violation of this article has created an emergency condition seriously endangering the public health or safety, the Director of Public Works may, with the approval of the City Manager, abate the condition without the written notice required by Section 17-12.070. The cost of such abatement will be charged to the owner of the property on which the violation occurs and/or any other person responsible for the violation and the City may, at its option, recover such costs in a civil action.
(Ord. 3272 § 1, 1996)
(A)
Every person who violates any provision of this article is guilty
of a misdemeanor.
(B)
Every person who wilfully violates any term, condition, or requirement
of any permit required by this article is guilty of a misdemeanor.
(Ord. 3272 § 1, 1996)
The purpose of this article is to protect and enhance the water
quality of the City's watercourses pursuant to, and consistent with,
the Federal Clean Water Act and amendments thereto and to assure compliance
with the conditions set forth by the National Pollution Discharge
Elimination System (NPDES) as requirements of storm water discharge
permits.
It is the intent of the City Council in enacting this article
to protect the health, safety and general welfare of the City's citizens
by:
(1)
Controlling the discharge to the City's storm water system from spills
and the dumping or disposal of materials other than storm water;
(2)
Reducing pollutants in storm water discharges to the maximum extent
practicable.
(Ord. 3272 § 1, 1996)
The following words and phrases when used in this article shall
have the meanings as defined herein. Words and phrases used in this
article and not otherwise defined shall be interpreted as defined
in the regulations of the U.S. Environmental Protection Agency to
implement the provisions of the Federal Clean Water Act and as defined
by the State Water Resources Control Board to implement the Porter-Cologne
Act in the State Water Code.
means those individuals designated by the Director of Public
Works to act as his or her designees.
means schedules of activities, prohibitions or practices,
general good housekeeping practices, pollution prevention practices,
maintenance procedures, and other management practices to prevent
or reduce the discharge of pollutants directly or indirectly to watercourses,
water bodies, and wetlands. BMPs also include treatment requirements,
operating procedures, design specifications, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
means those publicly owned or maintained storm water facilities
that are situated within the City.
means any nonresidential premises or any premises used as
a site of commercial activity.
means the Santa Rosa Director of Public Works or his or her
designee.
means the flow of water and/or other materials to the storm
water system from any distinguishable or identifiable source, other
than from a vessel or other floating craft.
means any discharge that is not entirely composed of storm
water or any release of pollutants that potentially or actually discharges
to the City's stormwater system.
means any material other than water.
means the aggregate quantity of all pollutants.
means those discharges whose pollutant load is such as to
detract from or place limits on any actual or potential beneficial
use of the receiving waters.
means any building, lot, parcel, real estate, or land or
portion of land whether improved or unimproved including adjacent
sidewalks and parking strips.
means any polluted discharge or any discharge to the City's storm water system that is not composed entirely of storm water, except discharges pursuant to a NPDES permit, discharges resulting from emergency fire fighting activities and discharges further exempted at Section 17-12.140(B)(2).
means noncompliance with any provision of this article that
either:
means storm water runoff, snow melt runoff, and surface water
runoff and drainage.
means those facilities by which storm water may be collected
and conveyed to any stream, watercourse, other body of water or wetlands,
publicly or privately owned which are not part of a Publicly Owned
Treatment Works ("POTW") as that term is defined in 40 C.F.R. Section
122.2.
means those discharges whose pollutant load does not detract
from, or place limits on any actual or potential beneficial use of
the receiving water.
(Ord. 3272 § 1, 1996)
Except as otherwise provided in this code, the provisions of
this article shall be administered by the Director of Public Works.
(Ord. 3272 § 1, 1996)
This article shall be construed in a manner which is consistent
with the requirements of the Federal Clean Water Act and acts amendatory
thereof, any applicable implementing regulations thereto and any NPDES
Permit for storm water discharges from the Santa Rosa area issued
by the State Water Resources Control Board or the North Coast Regional
Water Quality Control Board and any amendment, revision or reissuance
of the permit.
(Ord. 3272 § 1, 1996)
(A)
The release of non-stormwater discharges to the City's storm water
system is prohibited.
(B)
The following discharges are exempt from the prohibition set forth in subsection (A) of this section:
(1)
Any discharge in compliance with a National Pollution Discharge Elimination
System (NPDES) permit issued to the discharger and administered by
the State of California under the authority of the United States Environmental
Protection Agency;
(2)
Discharges from the following activities will not be considered a
prohibited discharge to the City's storm water system when properly
managed: flushing of potable water from potable water lines and other
discharges from potable water sources, landscape irrigation and lawn
watering, irrigation water, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration to storm drains, uncontaminated
pumped ground water, foundation and footing drains, water from crawl
space pumps, air conditioning condensation, springs, runoff from individual
residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges or flows from emergency fire
fighting, and other flows necessary for implementing BMPs directed
or approved by the Director of Public Works.
(Ord. 3272 § 1, 1996)
Any discharge that would result in, or contribute to, a violation
of any NPDES permit for storm water discharges from the Santa Rosa
area and any amendment, revision, or reissuance of such permit, either
separately considered or when combined with other discharges, is prohibited.
Liability for any such discharge shall be the responsibility of the
person(s) causing or responsible for the discharge, and such persons
shall defend, indemnify and hold harmless the City, its officers,
agents and employees in any administrative or judicial enforcement
action relating to such discharge.
(Ord. 3272 § 1, 1996)
(A)
It is unlawful to establish, use, maintain or continue unauthorized
drainage connections to the City's stormwater system.
(B)
It is unlawful to establish, use, maintain or continue drainage connections
to the City's storm water system which are or may be a source of prohibited
discharges.
(C)
It is unlawful to commence or continue any unauthorized and/or prohibited
discharges to the City's storm water system.
(Ord. 3272 § 1, 1996)
(A)
Activities Resulting in Discharge of Pollutants. Any person engaging
in activities which may result in pollutants entering the City's stormwater
system shall undertake all practicable measures to reduce and/or eliminate
such pollutants. All activities that do actually, or may potentially,
result in the deposit of pollutants in or on the City's storm water
system, in any tributary of this system, and all land which drains
to either this system or any of its tributaries shall be construed
as activities which may result in pollutants entering the City's stormwater
system. Examples of such activities include, but are not limited to,
ownership and use of premises which may be a source of pollutants
such as parking lots, gasoline stations, industrial facilities, business
enterprises and dwelling units.
(B)
Pollutants and Littering. In addition to the prohibitions of Section 9-12.050, no person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any storm water system or upon any public or private plot of land in the City so that the same might become a pollutant, except in lawfully established waste disposal facilities.
(C)
Sidewalks. The occupant or tenant, or in the absence of occupant
or tenant, the owner or proprietor of any real property in the City
in front of which there is a paved sidewalk shall maintain that portion
of the sidewalk in front of the property free of dirt or litter to
the maximum extent practicable. Sweepings from the sidewalk shall
not be swept or otherwise made or allowed to go into the gutter or
roadway or any element of any drainage system, but shall be disposed
of in receptacles maintained as required for the disposal of solid
waste.
(D)
Construction Activities. Any construction contractor performing work
in the City shall implement appropriate best management practices
to prevent the discharge of construction wastes or debris or contaminants
from construction materials, tools, and equipment from entering the
storm water system.
(E)
Bodies of Water. No person shall throw or deposit litter in any fountain,
pool, lake, stream, river or any other body of water in a park or
elsewhere within the City.
(F)
Standard for Parking Lots, Paved Areas, and Related Storm Water Systems.
Persons owning, operating, or maintaining a paved parking lot, the
paved areas of a gas station, a paved private street, road, or driveway
and related storm water systems shall clean those structures as frequently
and thoroughly as practicable in a manner that does not result in
discharge of pollutants to the storm water system.
(G)
Notification of Intent and Compliance with General Permits. Each
industrial discharger, discharger associated with construction activity
or other discharger described in any general storm water permit addressing
such discharges as may be adopted by the United States Environmental
Protection Agency, the State Water Resources Control Board, or the
California Regional Water Quality Control Board, North Coast Region,
shall provide the notice of intent, comply with, and undertake all
other activities required by any general storm water permit applicable
to such dischargers, and shall provide a copy of the notice of intent
and of each annual report pursuant to any general storm water permit
to the Director of Public Works, and shall pay any associated monitoring
and enforcement fees to the City that may be set by the City Council.
Each discharger identified in an individual NPDES permit relating
to stormwater discharges shall comply with and undertake all activities
required by such permit.
(H)
Compliance with Best Management Practices. Where best management
practice guidelines or requirements have been adopted or published
by the Environmental Protection Agency, any State of California agency,
any San Francisco Bay Area agency, or the City, for any activity,
operation or facility which may cause or contribute to prohibited
discharges, every person undertaking such activity or operation or
owning or operating such commercial facility shall comply with such
guideline or requirement.
(I)
Stormwater Pollution Prevention Plan. The Director of Public Works
may require any business in the City that is engaged in activities
which may result in prohibited discharges to develop and implement
a storm water pollution prevention plan, which must include an employee
training program. Business activities which may require a storm water
pollution prevention plan include, but are not limited to, maintenance,
storage, manufacturing, assembly, equipment operations, vehicle loading
or fueling, or cleanup procedures which are carried out partially
or wholly out of doors.
(J)
Coordination with Hazardous Materials Release Response Plans and
Inventory. Any business subject to the Hazardous Materials Release
Response and Inventory Plan, Division 20, Chapter 6.95 of the California
Health and Safety Code (commencing with Section 25500), shall include
in that plan provision(s) for compliance with this article, including
the prohibitions on non-storm water discharges and the requirement
to reduce the release of pollutants to the maximum extent practicable.
(Ord. 3272 § 1, 1996)
(A)
Inspections. Routine or area inspections by the City shall be based
upon such reasonable selection process as may be deemed necessary
to carry out the objectives of this article, including, but not limited
to, random sampling and/or sampling in areas where there is evidence
of storm water contamination, discharge of non-storm water to the
storm water system, or similar activities. Such inspections may also
be done in conjunction with routine inspections conducted by other
public agencies such as the industrial waste section of the City's
Utilities Department, the City's Fire Department or the County's Department
of Health Services.
(B)
Authority to Sample and Establish Sampling Devices. With the consent
of the owner or the occupant of property or pursuant to a search or
inspection warrant, any authorized City employee may take such samples
and meter such discharges as the Director of Public Works deems necessary
to determine whether a non-storm water discharge has taken place or
is taking place and to determine the magnitude of such discharges.
Such City employee may establish on any property such devices as are
necessary to conduct sampling or metering operations. During all inspections
as provided herein, the Director of Public Works may take any samples
deemed necessary to aid in the pursuit of the inquiry or in the recordation
of the activities on-site.
(C)
Training of Employees—Notification of Spills. The owner of
a commercial facility or the persons responsible for emergency response
for a commercial facility have the responsibility to train facility
personnel and maintain notification procedures to assure:
(1)
Immediate notification is provided to the City Department of Public
Works of any suspected, confirmed or unconfirmed release of material,
pollutants or waste creating a risk of discharge into the City storm
water system;
(2)
Immediate notification is given to the "911" emergency response system
if said discharge poses an immediate threat to the public health or
safety and/or the environment;
(3)
Written notification is provided to the Director of Public Works
within five working days.
(a)
Training of personnel shall assure that all BMPs are being fully
and correctly implemented and that all releases of any non-storm water
discharge or of any pollutant that threatens to enter the City's storm
water system are immediately recognized and that appropriate response
is taken in the event of such release.
(b)
As soon as any person in charge of a commercial facility or who is
responsible for emergency response for a commercial facility has knowledge
of, or reasonably could be expected to have knowledge of, any suspected,
confirmed or unconfirmed release of a non-storm water discharge entering,
or of any pollutant that is threatening to enter, the City storm water
system from such facility, such person shall take all necessary steps
to ensure the early discovery and containment and clean up such release
and shall immediately notify the City Department of Public Works.
In addition, written notification shall be given to the Director of
Public Works within five working days. This written notification shall
contain as a minimum a narrative describing the circumstances resulting
in the release, or threatened release, the effort taken to clean up
the release and the measures being taken to prevent reoccurrence.
This notification requirement is in addition to, and not in lieu of,
other required notifications.
(D)
Requirement to Test or Monitor. Any authorized City employee may
require that any person engaged in any activity or owning or operating
any commercial facility which may cause or contribute to illicit discharges,
undertake such monitoring activities and/or analysis and furnish such
reports as the authorized employee may specify. The burden, including
costs, of these activities, analysis and reports shall bear a reasonable
relationship to the need for the monitoring and/or analysis and reports
and the benefits to be obtained. The recipient of such a requirement
shall undertake and provide the monitoring, analysis and reports required.
(E)
Order to Cease and Desist. When the Director of Public Works finds
that the discharge from a commercial facility is taking place, or
is threatening to take place, in violation of the prohibitions of
this article or any other discharge control requirements, the Director
of Public Works may issue a written order to cease and desist and
may direct the discharger to:
(1)
Comply forthwith with the order and to cease those operations which
result or threaten to result in discharges which violate any prohibition
or limit of this article until such time as the Director states in
writing that he or she is satisfied that BMPs which will remove the
threat are in place;
(2)
Comply with the order in accordance with a time schedule set by the
Director; or
(3)
In the event of a threatened violation take appropriate remedial
or preventive action.
(F)
Require that the Discharger Submit a Schedule of Remedial or Preventive
Action. When the Director of Public Works finds that the discharge
from a commercial facility is taking place, or is threatening to take
place, in violation of the prohibitions of this article or any other
discharge control requirements, the Director of Public Works may issue
an order to cease and desist and may direct the discharger to submit
for her or his approval a detailed time schedule of specific actions
the discharger shall take to correct or prevent the violation of such
prohibitions and requirements.
(G)
Predischarge Facility. When source reduction BMPs are in the opinion
of the Director of Public Works inadequate to prevent actual or potential
prohibited discharges from a commercial facility to the City's storm
water system, the Director of Public Works may require that the owner
of the commercial facility shall provide, at the owner's expense,
such predischarge facilities as may be necessary to reduce the pollutant
load at a point prior to discharge from said facility or to any element
of the City's storm water system. The Director of Public Works may
further require that the owner of the commercial facility, at the
owner's expense, provide a monitoring access hole so that the pollutant
loading may be periodically measured. Examples of predischarge facilities
are oil/grease interceptors and sand/silt interceptors.
Plans, specifications, and other pertinent factors related to
the aforementioned predischarge facilities shall be submitted to the
City for approval by the Director of Public Works. Construction of
the proposed facilities shall not commence until the Director's approval
is obtained in writing and use of the facilities shall not commence
until the completed facilities are approved in writing by the Director.
Such facilities, once approved, shall be continuously maintained in
satisfactory operating condition to the satisfaction of the Director
of Public Works.
(Ord. 3272 § 1, 1996)
The violation of any provision of this article, or the failure
to comply with any of the mandatory requirements of this article shall
constitute a misdemeanor.
(Ord. 3272 § 1, 1996)
(A)
Any non-storm water discharger found to be in significant noncompliance as defined in Section 17-12.110 in any calendar year may have its name published in the largest daily newspaper published in the Santa Rosa area.
(B)
Any person who violates any order issued by the Director of Public
Works for violation of the provisions of this article regulating or
prohibiting discharge of non-storm water and which causes, or threatens
to cause, non-storm waters to enter the City's storm water system
may be liable civilly in a sum not to exceed the amount that the City
may be fined by the State Water Resources Control Board or the amount
of any civil liability imposed on the City for noncompliance with
the municipal storm water discharge permit for the Santa Rosa area.
(Ord. 3272 § 1, 1996)
If the Director of Public Works determines that a violation
of this article has created an emergency condition which seriously
endangers the public health or safety, the Director of Public Works
may abate the condition. The cost of said abatement shall be charged
to the discharger and the City may at its option recover the same
in a civil action. Such charge shall be in addition to any penalty
for a violation of the article under Sections 1712.190 or 17-12.200(B)
of this article.
(Ord. 3272 § 1, 1996)
Any person who submits a report required by this article, which
she or he knows, or should have reason to know, contains falsified
data shall be subject to a fine not to exceed the amount that the
City may be fined by the State Water Resources Control Board or the
amount of any civil liability imposed on the City for noncompliance
with the municipal stormwater discharge permit for the Santa Rosa
area.
(Ord. 3272 § 1, 1996)
Every day or any portion thereof any violation of this article
continues shall constitute a separate offense.
(Ord. 3272 § 1, 1996)
Concealing, aiding, or abetting a violation of any provision
of this article shall constitute a violation of such provision.
(Ord. 3272 § 1, 1996)
Any person who violates any provision of this article or who
violates any cease and desist order or prohibition may also be in
violation of the Federal Clean Water Act and/or the Porter-Cologne
Act and may be subject to the sanction of those acts including civil
and criminal penalties. Any enforcement actions authorized under this
article may also include notice to the violator of such potential
liability.
(Ord. 3272 § 1, 1996)
In addition to the penalties provided herein, the City Council
finds and determines that any condition caused or permitted to exist
in violation of any of the provisions of this article is a threat
to the public health, safety and welfare, is declared to be a nuisance
and may be abated as such.
(Ord. 3272 § 1, 1996)
In addition to any other remedies provided in this article,
any violation of this article may be enforced by civil action brought
by the City. In any such action, the City may seek, as appropriate,
any or all of the following:
(A)
A temporary restraining order, preliminary and permanent injunction;
(B)
Reimbursement for the costs of any investigation, inspection, or
monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing administrative
action under this article;
(C)
Costs incurred in removing, correcting, or terminating the adverse
effect resulting from the violation;
(D)
Compensatory damages for loss or destruction of water quality, wildlife,
fish and aquatic life.
Costs and damages recovered under this section shall be paid
to the City and shall be used exclusively for costs associated with
monitoring and establishing storm water discharge pollution control
system(s) and implementing or enforcing the provisions of this article.
(Ord. 3272 § 1, 1996)
The remedies identified in this article are in addition to and
do not supersede or limit any and all other remedies, civil or criminal.
The remedies provided in this article shall be cumulative and not
exclusive.
(Ord. 3272 § 1, 1996)
If any discharger disputes an interpretation or application
of this article, the discharger may request in writing a ruling by
the Director of Public Works on the matter. The Director will set
forth his or her determination(s) in writing.
(Ord. 3272 § 1, 1996)
If the discharger is dissatisfied with the determinations made by the Director of Public Works under Section 17-12.290, the discharger may, within 30 days after receipt of the ruling by the Director of Public Works, appeal the ruling to the City Council by filing a written notice of appeal with the City Clerk. The notice shall state each basis and the grounds for the appeal. The Council shall make a final determination of the issue(s) so submitted.
(Ord. 3272 § 1, 1996)
