Gwinnett County › Code of Ordinances

Chapter 38 — Environment and Natural Resources

Code as publishedas of 2025-06-17

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ARTICLE II. NUISANCES

§ 38-19

Intent and purpose.

Sec. 38-19. Intent and purpose.

The county board of commissioners hereby declares it to be the purpose and intent of this article to establish a uniform summary procedure for use in the abatement of public nuisances in unincorporated Gwinnett County. The provisions hereof are adopted pursuant to the authority provided by O.C.G.A. § 41-2-7, et seq., as amended. It is the further purpose and intent of this chapter that the procedures established hereunder shall comply with the minimum provisions of O.C.G.A. § 41-2-7 et seq. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-20

Definitions.

Sec. 38-20. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicable codes means:

(1)Any housing or abatement standard provided in O.C.G.A., Title 8, Ch. 2, including standard minimum codes as adopted now or hereafter by ordinance and codified under chapter 14 of the Code of Gwinnett County, Georgia, or by operation of law, or other property maintenance or building standards or codes as adopted now or hereafter by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; and

(2)Any fire or life safety code as provided for in O.C.G.A., Title 25, Ch. 2. Any such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in exis-tence at the time such real property improvements were constructed unless otherwise provided by law.

Closing means causing a property to be vacated and secured against unauthorized entry.

Director of planning and development means the director of the planning and development department or his or her designee.

Interested party means:

(1)Owner;

(2)Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

(3)Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9;

(4)Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of court. Interested party shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded, which interest shall remain unaffected; and

(5)Persons in possession of said property and premises.

Owner means both the current owner of record and any every mortgagee of record.

Property means any lot, tract, or parcel of real estate whether improved or unimproved. It shall include any dwelling, building, structure, or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any accessory structure. Also as used in this article, the term shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Public authority means any member of the board of commissioners, health department or any officer who is in charge of any department or branch of county government relating to health, fire, or building regula-tions or to other activities concerning properties in the county; however, in no event shall any such public authority who files a request for investigation as provided herein be the public officer exercising the powers conferred upon public officers under this article.

Public officer means the director of planning and development.

Repair means altering or improving a property so as to bring any dwelling, building, or structure into compliance with the applicable codes in the jurisdiction where the property is located and/or the cleaning or removal of debris, trash, and other materials present and accumulated, or otherwise remediating the conditions on the property which create unsanitary and unsafe conditions which are an endangerment to the public health or safety in or about any property.

Vacant real property means:

(1)Real property that is:

a.Intended for habitation, has not been lawfully inhabited for at least 60 days, and has no evidence of utility usage within the past 60 days;

b.Intended for commercial, office, or industrial use, has not been operational for at least 60 days, and has no evidence of utility usage within the past 60 days; or

c.Partially constructed or incomplete without a valid building permit.

(2)The term "vacant real property" does not include a building or structure containing multiple units with common ownership that has at least one unit occupied with evidence of utility usage.

Zoning board of appeals means the zoning board of appeals of the county, as defined and described in the unified development ordinance. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-21

Public officer.

Sec. 38-21. Public officer.

Pursuant to state law, where it is determined that there exists in the county a dwelling or other building or structure which is unfit for human habitation or for commercial, industrial, or business occupancy or use, or where there exists in the county a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, and where such determination is made by the director of the department of planning and development, such official shall have the power to have repaired, closed or demolished any such dwelling, building or structure, or to cause to be abated any such unsafe or unsanitary conditions which create a public health hazard or general nuisance in accordance with the provisions of O.C.G.A. §§ 41-2-7—41-2-17, which are hereby adopted and incorporated by reference within this section.

(1)Appointment and designation of public officer. The director of planning and development is designated as a public officer with the authority to carry out the powers and duties of this article.

(2)The public officer designated in this article shall have the following powers:

a.To investigate conditions in the county in order to determine which properties, dwellings, buildings, or structures are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes or whether the public health or safety is endangered as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity;

b.To administer oaths and affirmations, to examine witnesses, and to receive evidence;

c.To enter upon premises, for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;

d.To delegate any of his or her functions and powers under the article to such officers and agents as he or she may designate; and

e.To appoint and fix the duties of such officers, agents, and employees as he or she deems necessary to carry out the purposes of the article.

(Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-22

Complaint and investigation.

Sec. 38-22. Complaint and investigation.

(a)Whenever a request is filed with a public officer by a public authority or by at least five residents of the unincorporated area of the county charging that any property:

(1)Is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes;

(2)Is vacant and being used in connection with the commission of drug crimes; or

(3)Constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions The public officer with whom the request is filed shall make an investigation or inspection of the specific property to determine if such conditions exist under applicable codes.

(b)The public officer shall have the authority to enter upon premises to conduct an inspection, provided such entry is made with the least possible inconvenience to the person(s) in possession. If such an inspection is necessary, the public officer shall endeavor to obtain the permission of the owner to conduct such inspection. If permission is withheld, the public officer may seek the assistance of the county attorney's office to obtain an inspection warrant from a court of competent jurisdiction.

The public officer may determine that a property is unfit for human habitation or for commercial, industrial, or business use upon a finding of conditions on the property which are dangerous or injurious to the health or safety of the occupants, occupants of neighboring properties, or other residents of the county. Such conditions may include the following (without limiting the foregoing):

(1)Defects therein increasing the hazards of fire, accidents, or other calamities.

(2)Lack of adequate ventilation, light, or sanitary facilities.

(3)Disrepair.

(4)Dilapidation.

(5)Structural defects.

(6)Uncleanliness.

The public officer may determine that the property is being used in the commission of drug crimes upon personal observation or report of a law enforcement agency. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-23

Inspections.

Sec. 38-23. Inspections.

Whenever necessary to make an inspection or to enforce any of the provisions of this article, or whenever the designated public officer has reasonable cause to believe that there exists on any property any condition which makes such property unsafe, a designated public officer may enter the property during normal work hours with the consent of the owner or an inspection warrant to inspect the same or to perform any duty imposed upon the public officer by this article.

(1)If such property is occupied, the designated public officer shall first present proper credentials and request and obtain consent to enter before entering the property. Reasonable effort must be made to locate the owner or other persons having charge or control of the property when seeking permission for entry.

(2)If no consent has been given to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from a magistrate of the county.

The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property.

(3)The public officer may enter the premises without consent or an inspection warrant to make an inspection or enforce any provisions of this Code only if so authorized by state or federal law.

(Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-24

Service of complaints.

Sec. 38-24. Service of complaints.

(a)Judicial complaint and summons. If the public officer's investigation or inspection confirms that any property meets one or more of the three enumerated standards from subsection 38-22(a), then the public officer may file in a court of competent jurisdiction a complaint in rem against the lot, tract, or parcel of real property wherein the nuisance complained of exists and shall cause a summons and a copy of the complaint to be served on the interested parties for such property. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance.

(b)Time of hearing. The summons shall notify the interested parties that a hearing will be held before a court of competent jurisdiction at a date and time certain. Such hearing shall be held no sooner than 15 days and no later than 45 days after the filing of said complaint in the proper court.

(c)Copies of the complaint and summons shall be served in each of the following ways as applicable:

(1)At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing.

(2)For an interested party whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appear once a week for two consecutive weeks prior to the hearing.

(d)A notice of lis pendens shall be filed in the office of the clerk of the county superior court at the time of filing the complaint. Such notice shall have the same force and effect as other lis pendens notices provided by law.

(e)Orders and other filings made subsequent to service of the initial complaint and summons shall be served in the manner provided in this section on any interested party who answers the complaint or appears at the hearing.

(f)The interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-25

Order.

Sec. 38-25. Order.

(a)If, after notice and hearing, the court determines that the property in question meets one or more of the standards enumerated in subsection 38-22(a) so as to constitute a public nuisance, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order which does one of the following:

(1)If repair of said property can be made at a reasonable cost in relation to its present value, the order shall require the owner, within a specified time, to repair such property so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to effect a closing of any structure so that it cannot be used in connection with the commission of drug crimes; or

(2)If the repair of the said property in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value thereof, the order shall require the owner, within a specified time, to demolish and remove the noncompliant dwelling, building, or structure and all debris from the property.

(b)For purposes of this section, in cases in which the nuisance complained of is a dwelling, building, or structure of any kind, the court shall make its determination of "reasonable cost in relation to the present value" without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair a structure may be considered. Income and financial status of the owner shall not be a factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in O.C.G.A. Title 43, Ch. 39A, qualified building contractors with a current business license to do work in the county, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations.

(c)The order entered shall further provide that, if the owner fails to comply with an order to repair, demolish, or close the property within the specified time, the public officer may cause such property to be repaired, demolished, or closed and that a lien shall be established in the amount of all costs associated with demolition against the real property upon which such costs were incurred. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-26

Posting of property and other remedies.

Sec. 38-26. Posting of property and other remedies.

(a)If the owner fails to comply with any order to repair the property, remove or demolish the dwelling, building, or structure, or remediate the unsafe or unsanitary condition which endangers public health or safety, then the public officer may cause such property to be repaired, or such dwelling, building, or structure to be closed, removed or demolished.

(b)If the owner fails to comply with any order to repair the property or close, remove or demolish the dwelling, building, or structure, or remediate the unsafe or unsanitary condition which endangers public health or safety, then the public officer shall cause to be posted on the main entrance of the building, dwelling, structure, or property a placard with the following words:

"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful."

(c)Salvage. If the public officer has a structure demolished or other junk, debris, or scrap material removed from the site, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition.

Any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. Pursuant to state law, O.C.G.A. § 41-2-9(6) neither the public officer nor the county shall have any liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-27

Lien against the property to cover abatement costs.

Sec. 38-27. Lien against the property to cover abatement costs.

(a)Lien for costs. The order shall provide that a lien shall be established in the amount of all costs associated with demolition against the real property for which such costs were incurred. Such costs shall include, but not be limited, to all court costs, appraisal fees, administrative costs incurred by the tax commissioner, and the cost of restoration to grade of the real property should it be demolished, and title examination costs. Such lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition, in the office of the clerk of superior court. The clerk of superior court shall record and index such certified copy of the order in the county's deed records and enter the lien for costs of abatement on the general execution docket. In accordance with O.C.G.A. § 41-2-9(b)(1), the lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid in full.

(b)Enforcement of lien. Upon a final determination of costs, fees, and expenses incurred in accordance with this article, the public officer shall transmit to the tax commissioner a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition, removal, or closure. It shall be the duty of the tax commissioner to collect the amount of the lien using all methods available for collecting real property ad valorem taxes, including specifically O.C.G.A Chapter 4 of Title 48; provided, however, that the limitation of O.C.G.A. § 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. The tax commissioner shall remit the amount collected to the county.

Enforcement of liens may be initiated at any time following receipt by the tax commissioner of the final determination of costs. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to O.C.G.A. § 48-4-78 for delinquent ad valorem taxes may include all amounts due under this article.

(c)Redemption of property. The redemption amount in any enforcement proceeding shall be the full amount of the costs as finally determined with interest, penalties, and costs incurred by the county and the tax commissioner in the enforcement of the lien. Redemption of the property from the lien may be made in accordance with the provisions of O.C.G.A. §§ 48-4-80 and 48-4-81.

(d)Waiver of lien. The board of commissioners may waive and release any such lien imposed on the owner's property for costs incurred by the county up to the time of the entry of the order and any additional costs incurred subsequent thereto in attempting to bring the property into compliance by entering into a contract with the owner in which the owner agrees to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrates the financial means to accomplish such rehabilitation.

(e)Appellate procedure. Where the abatement action does not commence in the superior court, review of a court order requiring the repair, alteration, improvement, demolition, or removal of a property shall be by direct appeal to superior court under O.C.G.A. § 5-3-29.

(f)Alternate remedies. Nothing in this section shall be construed as to limit or impair the authority of the public officer or other county employees under existing and future ordinances to issue citations for violations of state minimum standard codes, optional building, fire, life safety, and other codes adopted by ordinance, and conditions creating a public health hazard or general nuisance, and to seek to enforce such citations in a court of competent jurisdiction prior to issuing a complaint in rem as provided in this code section. The issuance of a citation for a violation of any such codes shall not be required as a prerequisite to issuing a complaint in rem under this article. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-28

Mandatory abatement of graffiti nuisances.

Sec. 38-28. Mandatory abatement of graffiti nuisances.

(a)It shall be unlawful for any person having a legal or equitable interest in a parcel of real property to permit graffiti to remain on a structure located thereon for a continuous period of more than 72 hours. For purposes of this section, the term "graffiti" shall have the same meaning as set forth in O.C.G.A. § 17-15A-2.

(b)In the event that a court of competent jurisdiction determines that a person has violated the provisions of this section, the court may, on its own motion, or at the request of the county, issue an order directing the county to remove the graffiti from the property on such terms as the court deems appropriate. The court may also specify that the property owner may be liable for the cost incurred in the removal of the graffiti. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

§ 38-29

Abatement of high weeds and grass on vacant real property.

Sec. 38-29. Abatement of high weeds and grass on vacant real property.

(a)Uncontrolled growth of weeds and grass on a property is a health risk by harboring rodents, insects, and other pests; it lowers surrounding property values, and constitutes a public nuisance.

(b)Notice of violation. If code enforcement personnel have reason to believe that a violation of section 14-286 exists on vacant real property, the owner of the offending property shall be notified and requested to cause the condition to be remedied. The notice shall be presented by both a physical posting on the property in the name of the property owner and by certified mail or personal delivery to the owner or owners as their names and addresses are shown in the tax records of the county. Notice shall be deemed complete and sufficient when so physically posted and personally delivered or mailed. The required notice shall contain the following:

(1)Name(s) and address(es) of the owner(s) of the property, according to county records.

(2)Address of the property on which the violation exists.

(3)A statement by the code enforcement officer that he or she has reason to believe that a violation of section 14-286 has been determined to exist on the property, which violation constitutes a public nuisance.

(4)A description of the condition which causes the property to be in violation.

(5)A demand that the record owner of the property remedy the violation within 20 days from the date of the notice and that if the owner fails to do so, then the county will remedy the condition and assess against the record title owner of the parcel of land all the costs thereof plus an administrative charge of $100.00.

(6)A statement that, if the costs are not paid within 30 days of invoice date, a lien will be placed on the property.

(7)An estimate of the total cost if the violation is remedied by the county. The notice shall advise the owner that such estimate is not to be interpreted or construed as the final cost which may be assessed, but only a good-faith approximation of such cost and that the final assessable cost may be greater or lesser than the estimate.

(8)A statement that the record owner of the property may, within 14 days from the date of the notice, make a written appeal to the director of planning and development showing the cited condition does not constitute a violation.

(c)Appeal to the director of planning and development. Within 14 days from the date of the notice, the owner of the property may make a written appeal to the director of planning and development showing that the cited condition does not constitute a violation of section 14-286 of the Gwinnett County Code. Such request shall state the name of the property owner, the address of the cited property, and the grounds upon which the owner relies to show that the cited condition does not constitute a violation. The director of planning and development shall consider the request and inform the property owner within seven days in writing via mailed or personal delivery whether he or she determines the property to be in violation.

(d)Appeal to the zoning board of appeals. If the planning and development director provides written notice that the property is in violation, the property owner may appeal that decision to the zoning board of appeals within seven days of the decision, following the process outlined in section 270-90 of the unified development ordinance and paying any applicable fees.

(e)Removal by county.

(1)If after 14 days from the date of the original notice of violation no written appeal to the director of planning and development has been received, the property has been determined to be vacant, and the condition described in the notice has not been remedied, the director of planning and development may cause the condition to be remedied by the county at the expense of the property owner.

(2)After receiving a timely appeal, if the director of planning and development found the property to be in violation, he or she may cause the condition to be remedied by the county at the expense of the property owner eight days after mailing or personally delivering the written decision to the property owner.

(3)If a hearing before the zoning board of appeals has been held and has concluded adversely to the property owner, the director of planning and development may cause the condition to be remedied by the county at the expense of the property owner no sooner than 72 hours after the hearing, unless the zoning board of appeals directs otherwise.

(f)Collection of costs. In the event that the property owner fails to comply with the notice described herein and the director of planning and development takes action to remedy the condition by cutting the weeds and/or grass, the director of planning and development shall certify to the director of financial services the expense incurred in remedying the condition. Such expense, plus an administrative fee of $100.00, shall become payable by the property owner or their local agent within 30 days of the mailing of such certification of said expenditure to the last known billing address for real property taxes.

Thereafter, a special assessment lien and charge shall be attached to the property in the amount specified in the certification, which shall be payable with interest at the rate of 12 percent per annum from the date of such certification until paid.

The lien provided for herein shall be in favor of the county, and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the clerk of the superior court and recorded among the public records of the county. (Ord. No. GCID2020-0889, Exh. 1, 10-6-2020)

Secs. 38-30—38-43. Reserved.

ARTICLE III. NOISE CONTROL

§ 38-44

Purpose.

Sec. 38-44. Purpose.

This section is enacted to protect, preserve and promote the health, safety and welfare of the citizens of Gwinnett County through the control of noise. It is the intent of this section to establish standards that will reduce excessive community noises, which are harmful and otherwise detrimental to individuals and to the community in the enjoyment of life and property and in the conduct of business. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-45

Definitions.

Sec. 38-45. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amplification device shall mean any device, whether freestanding or an integrated component of a larger device (such as an integrated speaker), which augments sound by electronic or any other means in a manner that increases the sound level or volume.

Construction shall mean any building on or developing of property including the erection, demolition, alteration, or repair of any building, clearing, grubbing, excavation, or preparation of land, as well as the operation of any earth-moving equipment, crane, saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any similar device.

Emergency shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

Emergency work shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Impulsive sound shall mean sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Impulsive sound includes, but is not limited to, fireworks displays, explosions, and discharge of firearms.

Motor vehicle shall mean any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi trailers, trailers, campers, go-carts, ATVs, or racing vehicles, including motorcycles.

Motorized landscape maintenance devices shall mean any noise generating motorized equipment used to perform landscape or yard maintenance, including but not limited to, leaf blowers, lawn mowers, weed eaters, or chain saws.

Muffler shall mean a device for abating the sound of escaping gasses of an internal combustion engine.

Multi-family residential units, for the purposes of this chapter, shall mean apartments, condominiums, attached townhouses, attached villas, duplexes and other such residential dwelling units that share a common wall.

Noise or noise disturbance shall mean any sound that is audible to the human ear that is louder than permitted by this chapter. Any sound that is plainly audible at the distances exceeding those permitted in this chapter shall be considered noise or a noise disturbance.

Person shall mean any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, private institution, or any other legal entity.

Plainly audible shall mean any sound produced by a source, which can be heard by any person of ordinary sensibilities using his or her unaided hearing faculties. Measurement standards shall be the auditory senses. Words or phrases need not be discernible and low frequency sound reverberations are included.

Privately owned outdoor place shall mean any real property and the outside of structures thereon, that is owned or controlled by a private person or other private entity, including any publicly owned outdoor place that is leased to a private person or private entity but does not include any publicly owned outdoor place that a private person or private entity has received a temporary permit to use (e.g., park or street closure permit).

Property line or boundary shall mean:

(1)An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.

(2)The interior and exterior walls that define the outer perimeter of a unit or common area in a multifamily building.

(3)The exterior walls of a freestanding unit in a multifamily development, unless specific lots are established, then the specific lot lines as established.

(4)The exterior walls of a mobile home in a mobile home park, unless specific lots are established, then the specific lots lines as established.

(5)The interior and exterior walls that define separate units, uses and/or common areas within a mixed-use development.

Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley, or similar place that is owned, maintained, or controlled by a governmental entity.

Receiving land use means the property being impacted or affected by the noise or noise disturbance.

Sound means any oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. Bass reverberations constitute sound. Sound includes, but is not limited to:

(1)Mechanical sound-making devices such as radios, stereos, speakers, loudspeakers, soundbars, televisions, musical instruments, horns, whistles, bells, chimes or carillons, phonographs, amplification devices, or other machines or devices for the producing, reproducing or amplifying of sound;

(2)Human-produced sounds such as yelling, shouting, hooting, whistling, singing, speaking or arguing;

(3)Impulsive sound;

(4)Party and event noise;

(5)Testing of burglar, fire, or car alarms; and

(6)Sound coming from construction and demolition activities, machines, or electrical generators.

(Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-46

Applicability.

Sec. 38-46. Applicability.

(a)This chapter shall apply to the control of all sound and noise originating within unincorporated Gwinnett County.

(b)This chapter does not apply to:

(1)The emission of sound by an employee of a governmental entity engaged in the employee's official duty and/or performing public functions, including but limited to responding to emergencies or performing emergency work;

(2)The emission of sound at a publicly owned stadium, ballpark, arena, or civic center during an authorized event;

(3)The emission of sound at places of worship during a religious activity;

(4)The emission of sound from any official Gwinnett County School District event on Gwinnett County School District property or from any state-accredited public or private school, college or university event on such state-accredited public or private school, college or university property;

(5)The emission of sound emanating from fireworks and pyrotechnic displays that are properly permitted by Gwinnett County in accordance with the applicable provisions of the Gwinnett County Code of Ordinances;

(6)The emission of sound emanating from consumer fireworks from 10:00 a.m. through 11:59 p.m. on January 1, the last Saturday and Sun-day in May, July 3, July 4, the first Monday in September and December 31 and from 12:00 a.m. through 1:00 a.m. on January 1;

(7)The emission of sound made by domestic animals, which noises or sounds are controlled by section 10-7 of the Gwinnett County Code of Ordinances;

(8)The emission of sound from aircraft or airport operations at the Gwinnett County Airport in accordance with state and federal regulations;

(9)The emission of sound produced by radio, tape player, or other mechanical sound making device or instrument from within a motor vehicle on a street or highway, which sound is controlled by O.C.G.A. § 40-6-14;

(10)The emission of sound for railroad operations;

(11)The emission of sound for the purpose of alerting persons to the existence of an emergency, such as an audible warning device on vehicle as required by state or federal law; or

(12)Except as otherwise prohibited in subsection 38-47.G, the emission of sound made by lawfully operating business entities in the normal course of such entity's operations.

(Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-47

Specific restrictions.

Sec. 38-47. Specific restrictions.

The following acts, among others, and the causing thereof, are declared to be noise disturbances and/or excessive noise, posing a threat to the health, safety, and welfare of the residents of the County, and therefore unlawful and in violation of this article:

(1)Motor vehicles in the vehicular travel portion of a right-of-way within the County's jurisdiction. Operating a motor vehicle not equipped with a muffler, or other sound dissipative device required by any applicable law, in good working condition so as to effectively prevent loud or explosive noise, so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle.

(2)Buildings.

a.Buildings in nonresidential zoning districts.

1.Making, causing, allowing, or permitting any sound from a source within such person's ownership or control that projects, emits or transmits from any building in a nonresidential zoning district so that the sound is plainly audible to any person at the times and distances set forth in the table below:

Day of the Week Sunday—Thursday Sunday—Thursday Time 7:00 a.m.—11:00 p.m. 11:00 p.m.—7:00 a.m.

Distance 500 feet or more 200 feet or more Friday—Saturday 7:00 a.m.—11:59 p.m.

500 feet or more Friday—Saturday 11:59 p.m.—7:00 a.m.

200 feet or more

2.Sound which may escape a building during the normal use of doors for ingress and egress shall not be a violation of this section. Doors may not be propped or locked open if the result of the open door is an increased emission of sound from the building.

3.All indoor speakers located within 20 feet of a doorway which opens onto a right-of-way shall be oriented away from the doorway. Such distance shall be measured from the closest part of the door to the closest part of the speaker.

4.No speakers may be placed in or over the right-of-way.

b.Buildings in mixed-use zoning districts.

1.Making, causing, allowing, or permitting any sound from a source within such person's ownership or control that projects, emits or transmits in any building in a mixed-use zoning district so that the sound is plainly audible to any person at the times and distances set forth in the table below:

Day of the Week Sunday—Thursday Sunday—Thursday Friday—Saturday Friday—Saturday Time 7:00 a.m.—11:00 p.m. 11:00 p.m.—7:00 a.m. 7:00 a.m.—11:59 p.m. 11:59 p.m.—7:00 a.m.

Distance 300 feet or more 150 feet or more 300 feet or more 150 feet or more

2.Making, causing, allowing, or permitting any sound from a source within such person's ownership or control that projects, emits or transmits in any building in a mixed-use zoning district so that such sound is plainly audible to any person within the interior of a single-family detached sealed dwelling in a residential area or in a common area of a multifamily dwelling in a residential area between 11:00 p.m. and 7:00 a.m. the following morning.

3.Sound which may escape a building during the normal use of doors for ingress and egress shall not be a violation of this section. Doors may not be propped or locked open if the result of the open door is an increased emission of sound from the building.

4.All indoor speakers located within 20 feet of a doorway which opens onto a right-of-way shall be oriented away from the doorway. Such distance shall be measured from the closest part of the door to the closest part of the speaker.

5.No speakers may be placed in or over the right-of-way.

c.Buildings in single-family residential zoning districts. Making, causing, allowing, or permitting any sound from a source within his ownership or control that projects, emits or transmits in any building in a residential zoning district so that the sound is plainly audible to any person at the times and distances set forth in the table below:

Day of the Week Sunday—Thursday Sunday—Thursday Friday—Saturday Friday—Saturday Time 8:00 a.m.—10:00 p.m. 10:00 p.m.—8:00 a.m. 8:00 a.m.—11:00 p.m. 11:00 p.m.—8:00 a.m.

Distance 300 feet or more 50 feet or more 300 feet or more 50 feet or more

d.Buildings in multi-family residential zoning districts. Making, causing, allowing, or permitting any sound from a source within such person's ownership or control that projects, emits or transmits in any building in a such a manner as to be plainly audible to any person beyond the adjoining property line or boundary at the times and distances set forth in the table below:

Day of the Week Sunday—Thursday Sunday—Thursday Friday—Saturday Friday—Saturday Time 8:00 a.m.—10:00 p.m. 10:00 p.m.—8:00 a.m. 8:00 a.m.—11:00 p.m. 11:00 p.m.—8:00 a.m.

Distance 25 feet or more 10 feet or more 25 feet or more 10 feet or more

(3)Privately-owned outdoor places.

a.Making, causing, allowing, or permitting any sound, including impulsive sound, from a source within such person's ownership or control that projects, emits or transmits in any privately-owned outdoor place at a nonresidential use, when making sound is not the principal use of the property (e.g., the outdoor deck of a restaurant), so that the sound is plainly audible to any person at the times and distances set forth in the table below as measured from the property line or boundary:

Day of the Week Time Distance Sunday—Thursday 7:00 a.m.—11:00 p.m.

300 feet or more Sunday—Thursday 11:00 p.m.—7:00 a.m.

100 feet or more Friday—Saturday 7:00 a.m.—11:59 p.m.

300 feet or more Friday—Saturday 11:59 p.m.—7:00 a.m.

100 feet or more Wherever possible, outdoor speakers shall be oriented away from residential properties or in the direction that reduces the amount of sound directed at the closest residential properties.

b.Making, causing, allowing, or permitting any sound, including impulsive sound, from a source within such person's ownership or control that projects, emits or transmits in any privately-owned outdoor place, when making sound is the primary, lawful permitted use of that portion of the property (e.g., a performance venue), so that the sound is plainly audible to any person at the times and distances set forth in the table below as measured from the property line or boundary:

Day of the Week Sunday—Thursday Time 7:00 a.m.—11:00 p.m.

Distance 500 feet or more Sunday—Thursday 11:00 p.m.—7:00 a.m.

200 feet or more Friday—Saturday 7:00 a.m.—11:59 p.m.

500 feet or more Friday—Saturday 11:59 p.m.—7:00 a.m.

200 feet or more

c.Making, causing, allowing, or permitting any sound, including impulsive sound, from a source within such person's ownership or control that projects, emits or transmits in any privately-owned outdoor place at a residential use, so that the sound is plainly audible to any person at the times and distances set forth in the table below as measured from the property line or boundary of property from which the sound emanates:

Day of the Week Sunday—Thursday Sunday—Thursday Friday—Saturday Friday—Saturday Time 8:00 a.m.—10:00 p.m. 10:00 p.m.—8:00 a.m. 8:00 a.m.—11:00 p.m. 11:00 p.m.—8:00 a.m.

Distance 300 feet or more 50 feet or more 300 feet or more 50 feet or more

(4)Human-produced sounds. It is unlawful for any person or persons to make human-produced sounds on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest.

(5)Motorized landscape maintenance devices. It is unlawful for any person to use or operate any noise-generating, motorized landscape maintenance devices within any residential area or within 300 feet of any residential area from 9:00 p.m. to 7:00 a.m. the following morning.

(6)Construction noise.

a.It shall be unlawful for any person to make, continue, or cause to be made or continued any construction noise in such a manner so as to be plainly audible at a distance of 300 feet or more beyond the boundary of the property from which the noise emanates between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday and between the hours of 9:00 a.m. and 6:00 p.m. on Saturday.

b.It shall be unlawful for any person to make, continue, or cause to be made or continued any construction noise on Sunday; on the following federally-recognized holidays, New Year's Day, Memo-rial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day; on Saturday between 6:00 p.m. and 9:00 a.m.; and Monday through Friday between 9:00 p.m. and 7:00 a.m.

c.Notwithstanding this prohibition, the Director of the Department of Planning and Development or his or her designee may determine when the loss or inconvenience that would result to any party in interest is of such a nature as to warrant special consideration, in which case the Director or his designee may grant a permit for a period of time not to exceed fourteen (14) days for construction work to be done during hours outside of those hours permitted above. The Director of the Department of Planning and Development may grant multiple permits to a party when the loss or inconvenience that would result to any party in interest is of such a nature as to warrant special consideration.

d.The prohibitions of this subsection F shall not apply to government road, water, sewer, stormwater construction or maintenance projects or to utility company construction or maintenance projects.

(7)Noises and/or sounds made by business entities in the normal course of such entity's operations.

a.It shall be unlawful for any business entity to make, cause, allow, or permit any sound generated through any device that amplifies sound in the normal course of such entity's operation that are plainly audible within any residential area more than 300 feet beyond the boundary of the property from which the sound emanates between the hours of 7:00 a.m. through 11:00 p.m. Sunday through Thursday and 7:00 a.m. through 12:00 midnight on Friday and Saturday.

b.It shall be unlawful for any business entity to make, cause, allow, or permit any sound generated through any device that amplifies sound in the normal course of such entity's operation that are plainly audible within any residential area more than 100 feet beyond the boundary of the property from which the sound emanates between the hours of 11:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00 midnight through 7:00 a.m. on Friday and Saturday.

(Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-48

General restrictions.

Sec. 38-48. General restrictions.

No person shall operate or cause to be operated a source of sound in a manner so as to create a sound that is plainly audible to a person on the property of a receiving land use and that violates the time or distance requirements set forth in the following table. The sounds regulated in the preceding section are not subject to the restrictions of this section. The purpose of this table is to regulate sounds which are not otherwise regulated or subject to the provisions of the preceding section.

Receiving Land Use Residential Residential Residential Residential Mixed-Use Mixed-Use Mixed-Use Mixed-Use Nonresidential Nonresidential Day of the Week Sunday—Thursday Sunday—Thursday Friday—Saturday Friday—Saturday Sunday—Thursday Sunday—Thursday Friday—Saturday Friday—Saturday Sunday—Thursday Sunday—Thursday Time 8:00 a.m.—10:00 p.m. 10:00 p.m.—8:00 a.m. 8:00 a.m.—11:00 p.m. 11:00 p.m.—8:00 a.m. 7:00 a.m.—11:00 p.m. 11:00 p.m.—7:00 a.m. 7:00 a.m.—11:59 p.m. 11:59 p.m.—7:00 a.m. 7:00 a.m.—11:00 p.m. 11:00 p.m.—7:00 a.m.

Distance 300 feet or more 50 feet or more 300 feet or more 50 feet or more 300 feet or more 150 feet or more 300 feet or more 150 feet or more 500 feet or more 200 feet or more Receiving Land Use Nonresidential Nonresidential Day of the Week Friday—Saturday Friday—Saturday

(Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-49

Tampering with noise control devices.

Sec. 38-49. Tampering with noise control devices.

No person shall remove or render inoperative any noise control device or element of design of any product having those devices, other than for purposes of maintenance, repair or replacement. No person shall operate a product which was constructed with a noise control device which has been removed or rendered inoperative. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-50

Noise permit.

Sec. 38-50. Noise permit.

(a)A noise permit to exceed the limits and restrictions of this article for a specific event may be obtained pursuant to this section for the following:

(1)Activities requiring a permit from the County.

(2)Activities which do not require a formal permit but do require permission to use County-owned facilities.

(3)Activities or events held on privately owned property which may violate the provisions or restrictions of this article.

(b)Applications for a noise permit to exceed the limits and restrictions of this article shall be made in writing to the Department of Planning and Development no later than twenty (20) business days prior to the date of the event. The application shall contain the following information:

(1)The date(s), times, and duration of the event for which a noise permit is sought.

(2)Information concerning the event to include a concept plan with the proposed event set up, orientation, size of property and event capacity as well as a map depicting the zoning of the surrounding area.

(3)Description of the sound levels to be expected during the event and a sound impact plan. The sound impact plan shall contain the following information:

a.Sound-mitigating design features, including but not limited to size, location, and orientation of speakers;

Time 7:00 a.m.—11:59 p.m. 11:59 p.m.—7:00 a.m.

Distance 500 feet or more 200 feet or more

b.Prescribed hours of operating;

c.Availability and use of mufflers, screens or other sound attenuating measures;

d.Contact information and hours of availability for an individual responsible for sound;

e.Location for display of permit; and

f.Any other elements required by the accountable official.

(4)The street address of the property upon which subject event is to be located.

(5)The name and contact information of the individual or entity responsible for the event.

(6)The name and contact information of an individual designated as responsible for ensuring the sound impact plan is followed.

(7)The name(s) and address(es) of the owner(s) of the real property upon which the event is to be located, and written consent of the property owner, or his agent, granting permission for the event.

(8)Such other information as may be required by the Department.

(c)The Department shall review the application and grant or deny the permit within five (5) business days of receipt of a completed application and the permit fee. In reviewing an application for a noise permit, the Department shall consider the following in determining whether to grant or deny the application:

(1)Suitability of the site for the event based on topography and proximity to existing residential, commercial, and civic uses;

(2)Size and capacity of the site or venue covered by the permit;

(3)Sound-mitigating design features proposed in the application, including design, construction and orientation of any proposed structures, buffering, size, location, and orientation of speakers;

(4)Restrictions on hours of operation proposed by the applicant, if any, beyond those required by this chapter for the permit sought; and

(5)Potential for additional sound mitigation.

(d)The noise permit may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including but not limited to attendance and capacity limits, hours of operation, the use of mufflers, screens, or other sound attenuating devices. Conditions and requirements along with the expected mitigating results of the conditions and requirements shall be listed.

(e)The Department may refuse to issue a permit to an applicant if the applicant is convicted of more than two violations of this article or of a noise permit issued under this section within the previous twelve (12) months or the premises for which a permit is sought is the location of more than two violations of this article or of a permit issued under this section within the previous twelve (12) months.

(f)The Department may revoke a permit that has been issued in error or where the information provided in the application is inaccurate or has substantially changed.

(g)The final decision to issue or revoke a permit shall be made by the Deputy Director of Planning and Development. The decision of the Deputy Director may be appealed to the appeal team.

(h)Noise permits may be issued for no longer than 72 hours and may not be extended beyond this time limit or substantially modified after issuance. A sound impact plan may not be modified until a notice of intent to modify the sound impact plan has been provided to the permit holder.

(i)The maximum number of days that a premises may be the subject of a permit described in this section is 18 days per calendar year.

(j)It is unlawful to violate any conditions or requirements set forth in any noise permit issued pursuant to this section. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-51

Administrative appeal of noise permit denial.

Sec. 38-51. Administrative appeal of noise permit denial.

(a)If the Department denies a noise permit application or revokes a permit issued in error, the applicant may appeal the denial or revocation to the appeal team.

(b)The appeal team is an inter-departmental team consisting of the Director of the Department of Planning and Development, the Chief of Police, and the Chief of the Department of Fire and Emergency Services.

(c)The applicant must deliver an appeal to the Department no later than five (5) business days after the event organizer is notified that the application was denied.

(d)The appeal team must act on the appeal within five (5) business days of delivery of the appeal and may uphold or reverse the denial or revocation. In reversing the denial, the appeal team may place such conditions or requirements on the noise permit to minimize any adverse effects upon the community or surrounding neighborhood.

(e)In considering the appeal, the appeal team shall apply the same criteria as the Department under Subsection 38-49.C.

(f)The Department shall notify the applicant of the appeal team's decision within two (2) business days. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-52

Violations and enforcement.

Sec. 38-52. Violations and enforcement.

(a)It is unlawful for a person to make, cause, allow, continue or permit noise or sound in violation of any provision of this chapter or a noise permit issued under this chapter.

(b)Each occurrence of a violation of this chapter is a separate offense.

(c)Each day that a violation continues shall constitute a separate offense.

(d)A violation of this chapter is a nuisance. The prosecution of an offense under this chapter does not limit the County's right to abate the nuisance, including the use of injunctive relief.

(e)The provisions of this article may be enforced by the Gwinnett County Police Department and/or the Department of Planning and Development. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-53

Penalty.

Sec. 38-53. Penalty.

(a)Any person found guilty of violating any of the provisions of this article shall be prosecuted and upon conviction thereof be punished as provided in Section 1-11 of this code. Fines shall be as provided in subsection B. below.

(b)The first violation of any provision of this chapter shall result in a written warning. The second violation of any provision of this chapter within twelve (12) months after the first violation where a written warning was issued is punishable by a fine in the amount of $250.00. The third violation of any provision of this chapter within twelve (12) months after the first violation where a written warning was issued is punishable by a fine in the amount of $500.00. Subsequent violations of this chapter issued within twelve (12) months of a written warning are punishable by a fine up to a $1000.00 for each violation.

(c)The provisions of this section notwithstanding, the penalties set forth in this Section are not exclusive and shall not impede the County's ability to seek any other relief as may be available. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

§ 38-54

Severability clause.

Sec. 38-54. Severability clause.

A determination of the invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, subsection or part of this article shall not affect the validity of the remaining parts of this article. (Ord. No. GCID 2021-0611, Exh. A, 5-18-2021)

Secs. 38-55—38-65. Reserved.

ARTICLE IV. PHOSPHORUS REDUCTION

§ 38-66

Declaration of policy.

Sec. 38-66. Declaration of policy.

O.C.G.A. § 12-5-27.1 provides that whenever a local government entity is required by the environmental protection division to reduce phosphorus in its wastewater being discharged into the waters of the state, such local government entity shall pass an ordinance mandating the retail sale of low phosphorus household laundry detergent as part of its phosphorus reduction process. It is hereby declared to be the public policy of the county to encourage the use of clean, phosphatefree, household laundry detergents and to prohibit the sale of household laundry detergents which contain more than 0.5 percent phosphorus by weight. The board of commissioners finds that such use and sale will be a cost-effective way to reduce the amount of phosphorus in wastewater discharge so as to protect the state's rivers and lakes downstream; promote health, safety and welfare; and prevent injury to human health, plant and animal life and property. It is vital to the health, well-being and welfare of present and future inhabitants of the county that these sources be protected against contamination and pollution. (Code 1978, § 5-1201; Code 1994, § 42-71)

§ 38-67

Definitions.

Sec. 38-67. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Household laundry detergent means a laundering cleaning compound in liquid, bar, spray, tablet, flake, powder, or other form used for domestic clothescleaning purposes. The term "household laundry detergent" shall not mean:

(1)A dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, or other substance that is intended to be used for nonlaundry cleaning purposes.

(2)A detergent used in dairy, beverage, or food processing cleaning equipment.

(3)A phosphorus acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner.

(4)A detergent used in hospitals, veterinary hospitals or clinics, or health care facilities or in agricultural production.

(5)A detergent used by industry for metal cleaning or conditioning.

(6)A detergent manufactured, stored, or distributed for use or sale outside of the state.

(7)A detergent used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory.

(8)A detergent used in a commercial laundry that provided laundry services for a hospital, health care facility, or veterinary hospital.

Phosphorus means elemental phosphorus. (Code 1978, § 5-1202; Code 1994, § 42-72)

§ 38-68

Penalties for violation of article.

Sec. 38-68. Penalties for violation of article.

Any person who violates any provision of this article shall be subject to a fine not to exceed $500.00. Each sales transaction shall constitute a separate offense. (Code 1978, § 5-1204; Code 1994, § 42-73)

§ 38-69

Court action authorized.

Sec. 38-69. Court action authorized.

In addition to the penalty provided in section 38-68, the county may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this article. (Code 1978, § 5-1205; Code 1994, § 42-74)

§ 38-70

Action for damages.

Sec. 38-70. Action for damages.

Nothing in this article shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property arising out of a violation of this article and to maintain any action or other appropriate proceeding therefor. (Code 1978, § 5-1206; Code 1994, § 42-75)

§ 38-71

Prohibited sales.

Sec. 38-71. Prohibited sales.

It shall be unlawful for any person to sell at the retail level a household laundry detergent which contains greater than 0.5 phosphorus by weight and is intended to be used for domestic clothes cleaning purposes. (Code 1978, § 5-1203; Code 1994, § 42-76)

Secs. 38-72—38-100. Reserved.

ARTICLE V. SMOKE-FREE AIR

§ 38-101

Title.

Sec. 38-101. Title.

This article shall be known, cited, and referred to as the Gwinnett County Smoke-free Air Ordinance. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-102

Findings and purpose.

Sec. 38-102. Findings and purpose.

(a)The Gwinnett County Board of Commissioners does hereby find that:

(1)Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy non-smokers, including heart disease, stroke, respiratory disease, and lung cancer.

(2)Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive disease. Children exposed to secondhand smoke have an increased risk of asthma attacks, respiratory infections, sudden infant death syndrome, and developmental abnormalities.

(b)Accordingly, the board of commissioners finds and declares that the purposes of this article are:

(1)To protect the public health and welfare by prohibiting smoking in public places and public and private places of employment;

(2)To guarantee the right of non-smokers to breathe smoke-free air; and

(3)To recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

(Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-103

Definitions.

Sec. 38-103. Definitions.

As used in this article, the term:

Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

Business means any corporation, sole proprietorship, partnership, limited partnership, limited liability corporation, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit.

Cigar bar or lounge means a lawfully established business that is open to the public where cigars are sold for consumption on and off the premises, and space and seating are provided for patrons to sit and smoke cigars. For cigar bars or lounges established after the adoption date of this ordinance, lawfully established shall mean cigar bars or lounges granted a special use permit in accordance with the provisions of the unified development ordinance. For cigar bars or lounges established prior to the date of adoption of this ordinance, such establishments shall demonstrate continuous consistent daily operation as a cigar bar or lounge and shall have either been continuously held out to the public as a cigar bar or lounge or shall be able to provide financial records verifying that 20 percent of gross annual sales are derived from the sale of cigars or cigar products. This definition shall not include establishments which hosted special or intermittent events which allowed cigar smoking on premises for such events or retail tobacco and/or cigar shops.

Electronic smoking device/vapor product means any product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, intended to produce vapor or aerosol from nicotine or other substances for human consumption in a solution or other form. Such term shall include, but shall not be limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vape pen or similar product or device and any vapor or aerosol cartridge or other container of nicotine or other substance in a solution or other form, including, but not limited to, a device component, part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

Employee means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit.

Employer means an individual, business, partnership, association, corporation, including, a trust or non-profit entity that employs the services of one or more individuals.

Enclosed area means all space between a floor and ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent, and whether or not it contains openings of any kind.

Health care facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. This definition shall not include longterm care facilities as defined in paragraph (3) of O.C.G.A. § 31-8-81.

Hookah/vapor bar or lounge means a lawfully established business that is open to the public where hookah, shisha, or vapor products are sold for consumption on and off the premises, and space and seating are provided for patrons to sit and smoke hookah, shisha, or vapor products. For businesses established after April 28, 2015, lawfully established shall mean hookah/vapor bars or lounges granted a special use permit in accordance with the provisions of the unified development ordinance. For hookah/vapor bars or lounges established prior to April 28, 2015, such establishments shall demonstrate continuous consistent daily operation as a hookah/vapor bar or lounge and shall have either been continuously held out to the public as a hookah/vapor bar or lounge or shall be able to provide financial records verifying that 20 percent of gross annual sales are derived from the sale of hookah, shisha, or vapor products. This definition shall not include establishments which hosted special or intermittent events which allowed hookah smoking or vaping on premises for such events or retail hookah or vape shops.

Place of employment means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. A private residence is not a place of employment unless it is used as a licensed child care, adult day-care, or health care facility.

Playground means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on county-owned land.

Public place means an area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, parking structures, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a public place unless it is used as a licensed child care, adult day-care, or health care facility.

Private club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain.

Public event means an event which is open to and may be attended by the general public, including, but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.

Recreational area means any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos.

Restaurant means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term shall include a bar area within any restaurant.

Service line means an indoor or outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.

Shopping mall means an enclosed public walkway or hall area that serves to connect retail or professional establishments.

Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product, including marijuana, intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.

Sports arena means enclosed stadiums and enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-104

Smoking prohibited in county facilities.

Sec. 38-104. Smoking prohibited in county facilities.

Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by, Gwinnett County. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-105

General prohibition of smoking in public places.

Sec. 38-105. General prohibition of smoking in public places.

Except as otherwise specifically authorized in section 38-110, smoking shall be prohibited in all enclosed public places within unincorporated Gwinnett County, including but not limited to, the following places:

(1)Aquariums, galleries, libraries, and museums.

(2)Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.

(3)Bars.

(4)Bingo facilities.

(5)Child care and adult day-care facilities.

(6)Convention facilities.

(7)Educational facilities, both public and private.

(8)Elevators.

(9)Gaming facilities.

(10)Health care facilities.

(11)Hotels and motels.

(12)Parking structures.

(13)Polling places.

(14)Public transportation vehicles, including public transportation and buses, under the authority of Gwinnett County, and public transportation facilities, including bus, train, and airport facilities.

(15)Restaurants.

(16)Restrooms, lobbies, reception areas, hallways, and other common-use areas.

(17)Retail stores.

(18)Rooms, chambers, places of meeting or public assembly, under the control of the county.

(19)Service lines.

(20)Shopping malls.

(21)Sports arenas, including enclosed places in outdoor arenas.

(22)Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.

(Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-106

General prohibition of smoking in places of employment.

Sec. 38-106. General prohibition of smoking in places of employment.

Except as otherwise specifically provided in section 38-110, smoking shall be prohibited in all enclosed areas within places of employment. This includes, but is not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-107

Prohibitions for certain enclosed facilities.

Sec. 38-107. Prohibitions for certain enclosed facilities.

Smoking shall be prohibited in the following enclosed facilities:

(1)All private clubs.

(2)All private and semi-private rooms and common areas in nursing homes.

(3)All hotel and motel guest rooms. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-108

Prohibition of smoking in outdoor public places.

Sec. 38-108. Prohibition of smoking in outdoor public places.

Smoking shall be prohibited in the following outdoor places:

(1)Within 15 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.

(2)Within 15 feet of, outdoor seating or serving areas of restaurants.

(3)In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited within 15 feet of, bleachers and grandstands for use by spectators at sporting and other public events.

(4)In outdoor public recreational areas, including playgrounds.

(5)Within 15 feet of all outdoor public transportation stations, platforms, and shelters under the authority of the county.

(6)Within 15 feet of any outdoor service lines.

(7)In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, which must be located at least 15 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.

(Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-109

Prohibition of smoking in outdoor places of employment.

Sec. 38-109. Prohibition of smoking in outdoor places of employment.

Smoking shall be prohibited in all outdoor places of employment where two or more employees are required to be in the course of their employment. This includes, but is not limited to, work areas, construction sites, and temporary offices such as trailers, restroom facilities, and vehicles. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-110

Exemptions.

Sec. 38-110. Exemptions.

Notwithstanding any other provision of this article, the following areas shall be exempt from the smoking prohibitions in this article:

(1)Private residences, except when used as a licensed child-care, adult day-care, or health care facility

(2)Hookah/vapor bars or lounges, as defined by this chapter, provided the establishment:

a.Shall deny access to any person under the age of 21.

b.Shall not employ any individual under the age of 21.

c.Shall not sell or permit the use of: 1. Cigars;

2.Cigarettes;

3.Unrolled, loose, or pipe tobacco.

d.Shall adhere to the supplemental use standards in the unified development ordinance, as applicable

(3)Cigar bars or lounges, as defined by this chapter, provided the establishment:

a.Shall deny access to any person under the age of 21.

b.Shall not employ any individual under the age of 21.

c.Shall not sell or permit the use of: 1. Electronic smoking devices or vapor products; 2. Hookah or shisha products; 3. Cigarettes; 4. Unrolled, loose, or pipe tobacco.

d.Shall adhere to the supplemental use standards in the unified development ordinance, as applicable.

(Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-111

Owner's election.

Sec. 38-111. Owner's election.

Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that the entire establishment, facility, or outdoor area is a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of section 38-113 is posted. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-112

Nonretaliation.

Sec. 38-112. Nonretaliation.

No person or employer shall in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident reports a violation of this chapter. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-113

Posting of signs and removal of ashtrays.

Sec. 38-113. Posting of signs and removal of ashtrays.

(a)"No smoking/no vaping" signs or the international "no smoking" symbol, and similar symbol for vaping, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this article.

(b)All ashtrays shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager, or other person in control of the area, unless such ashtray is permanently affixed to an existing structure. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-114

Educational program.

Sec. 38-114. Educational program.

Gwinnett County may engage or assist in a continuing program to explain and clarify the purposes and requirements of this article to citizens affected by it and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this article. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-115

Enforcement.

Sec. 38-115. Enforcement.

The chief of police and his or her duly authorized agents are authorized and empowered to enforce compliance with this article and, in connection therewith, to enter upon and inspect the premises of any establishment or business at any reasonable time and in a reasonable manner. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-116

Violations and penalties.

Sec. 38-116. Violations and penalties.

(a)A person found to be in violation of this article by smoking in an area where smoking is prohibited under this article shall be guilty of an ordinance violation punishable by a fine not exceeding $50.00.

(b)A person who owns, manages, operates, or otherwise controls a public place or place of employment who is found to be in violation of this article shall be guilty of an ordinance violation, punishable by:

(1)A fine not exceeding $100.00 for a first violation.

(2)A fine not exceeding $200.00 for a second violation within one year.

(3)A fine not exceeding $500.00 for each additional violation within one year.

(c)Each day on which a violation of this article occurs shall be considered a separate and distinct violation.

(d)In addition to any other available remedies, Gwinnett County may seek injunctive relief to enforce the provisions of this article in any court of competent jurisdiction or seek any other available remedy. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-117

Construction.

Sec. 38-117. Construction.

(a)This article shall not be construed to permit smoking where it is otherwise restricted by other applicable laws.

(b)This article shall be liberally construed so as to further its purposes. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

§ 38-118

Severability.

Sec. 38-118. Severability.

Should any section or provision of this article be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the article as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this article are repealed. (Ord. No. GCID2022-0543(SFA-2022), Exh. A, 5-24-2022)

Secs. 38-119—38-141. Reserved.

ARTICLE VI. STREAM BUFFER MITIGATION BANK

§ 38-142

Title.

Sec. 38-142. Title.

This article shall be known as the Stream Buffer Mitigation Bank Ordinance of Gwinnett County. (Code 1994, § 42-171; Res. No. SMA2005-001, 3-22-2005)

§ 38-143

Definitions.

Sec. 38-143. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a property owner, public agency or private entity seeking participation in the Stream Buffer Mitigation Bank by meeting the specifications of this article and the criteria and procedures in the Gwinnett County Stream Buffer Mitigation Bank procedures guide, a chapter of the Gwinnett County Storm Water Design Manual.

Buffer means the area of land immediately adjacent to the banks of a stream in its existing or enhanced state of vegetation as defined by the stream buffer protection ordinance.

Conservation easement means a legal agreement or dedication in favor or a government agency or qualified land conservation organization, recorded in the county real property records by the property owner to place restrictions on present and future use of land.

Creation means the development of a forested buffer in an area were a buffer did not previously exist. Successful creation results in a net gain in buffer acres.

Department means the department of water resources of the county.

Director means the director of the department of water resources or the director's designee.

Enhancement means activities conducted within an existing forested buffer that heighten, intensify, or improve its function to protect the aquatic resource. Enhancement may include management and control of exotic species such as privet or improving diversity thorough replanting. Enhancement results in improved function, but does not result in a gain in buffer area.

Floodplain means those lands subject to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

Impervious cover or impervious surface means any paved, hardened or structural surface, including but not limited to, buildings, dams, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways, and other structures.

Land development means:

(1)Verb. All activities associated with the conversion of land or the expansion or replacement of an existing use to any new use intended for human operation, occupancy or habitation, other than for agricultural purposes devoted strictly to the cultivation of the land, dairying or animal husbandry. Such activities include land disturbance (clearing and grubbing the land of vegetation and stumps, and grading) and the construction of improvements, such as, but not limited to, streets, driveways or parking areas, water or sewer mains, stormwater drainage facilities, sidewalks or other structures permanently placed on or in the property.

(2)Noun. Where appropriate to the context, the term "development" also may be used to denote a specific subdivision or project which is a single entity or intended to be constructed as in interrelated whole, whether simultaneously or in phases.

Land development activity means those actions or activities that comprise, facilitate or result in land development.

Land disturbance means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, clearing and grubbing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices.

Land disturbance activity means those actions or activities that comprise, facilitate or result in land disturbance.

Lot or parcel means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Mitigation means the use of any or all of the following actions listed in descending order of preference:

(1)Avoiding the impact by not taking a certain action;

(2)Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;

(3)Rectifying the impact by repairing, rehabilitating or restoring the affected stream buffer;

(4)Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;

(5)Compensating for the impact by replacing, enhancing or providing substitute stream buffer protection areas or other activities that restore, maintain or protect stream buffer functions within the county;

(6)Monitoring the impact and taking appropriate corrective measures.

Mitigation bank means a property that has been protected and approved by the county expressly for the purpose of providing compensatory mitigation for authorized impacts through the restoration, creation, and/or enhancement of stream buffers or water quality, and in exceptional circumstances, preservation of adjacent stream buffers, and/or other resources contributing toward the proper function of a stream buffer or water quality, or property that is utilized to implement other types of activities that restore, enhance, and protect stream buffer functions or water quality within the county.

Mitigation banking means the process of restoring or creating self-sustaining, functioning stream buffers or water quality, or, in exceptional circumstances, preserving high-quality and threatened buffers, or other activities that directly contribute to the restoration, enhancement, and protection of stream buffer functions or water quality as a prior replacement for stream buffers that are expected to be unavoidably impacted by development.

Mitigation costs means the costs as determined by the county for restoration of a riparian buffer and may include planning, design, construction, and property costs. Gwinnett County Mitigation Banking costs are provided in the procedures guide, a chapter of the Gwinnett County Storm Water Design Manual, and are adjusted as needed by the department.

Mitigation credit means a unit of value generally equivalent to one acre of created or restored functioning stream buffer.

Mitigation plan means a written document developed based on the criteria in the Gwinnett County Stream Buffer Mitigation Bank procedures guide, a chapter of the Gwinnett County Storm Water Design Manual, and supplemented with graphics (including as-built drawings), that describes in detail the implemented mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation in the site (credits, acres, etc.), and the criteria by which its success will be determined.

Monitoring means evaluating the impacts of development proposals on biologic, hydrologic and geologic systems and assessing the performance of required mitigation.

Off-site means outside the limits of the project area.

On-site means within the limits of the project area.

Permit means the permit issued by the department of planning and development required for undertaking land development activity.

Perennial stream means a watercourse having a source, terminus, banks and channel through which water flows on a continuous basis as depicted on the most recent United States Geological Survey 7.5-minute quadrangle map (scale 1:24,000).

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the state, interstate body or any other legal entity.

Procedures guide means the Gwinnett County Stream Buffer Mitigation Bank procedures guide, a chapter of the Gwinnett County Storm Water Design Manual, which provides a standardized process for preparing a mitigation plan, coordinating with the department, obtaining the proper permits, determination of mitigation requirements, conducting a completeness review of the design, monitoring the success of the project, cost of mitigation credits, and payment procedures when utilizing the stream buffer mitigation bank.

Protection area or stream protection area, with respect to a stream, means the combined areas of all required buffers and setbacks applicable to such stream as established by the county stream buffer protection ordinance.

Restoration means the re-establishment or rehabilitation of a buffer with the goal of returning natural or historic functions and characteristics. Restoration may include the conversion of a pasture area to a forested area and result in a gain in buffer function value for protecting aquatic resources.

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

Setback means, with respect to a stream, the area established by the county stream buffer protection ordinance as extending beyond any buffer applicable to the stream.

Stormwater capital project means the project created to finance and operate, in perpetuity, the Gwinnett County Stream Buffer Mitigation Bank.

Stream means any stream, beginning at:

(1)The location where the normal stream flow has wrested the vegetation. The normal stream flow is any flow that consists solely of base flow or consists of both base flow and direct runoff during any period of the year. Base flow results from the groundwater that enters the stream channel through the soil. This includes spring flows into streams. Direct runoff is the water entering stream channels promptly after rainfall or snow melts;

(2)A point in the stream channel with a drainage area of 20 acres or more; or

(3)Where evidence indicates the presence of a stream in a drainage area of other than 20 acres, the department of water resources may require field studies to verify the existence of a stream.

Stream bank means the confining cut of a stream channel.

Stream channel means the portion of a watercourse that contains the base flow of the stream.

Utility means a public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by the county.

Variance means an adjustment in the application of standards of this article.

Watercourse means any natural or artificial waterway, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, gully, ravine, or wash in which water flows either continuously or intermittently, having a definite channel, bed and bank, and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.

Watershed means the land area that drains into a particular stream. (Code 1994, § 42-172; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-144

Establishment of the stream buffer mitigation bank and stormwater capital project.

Sec. 38-144. Establishment of the stream buffer mitigation bank and stormwater capital project.

There is hereby created a Gwinnett County Stream Buffer Mitigation Bank and a stormwater capital project. The mitigation bank will be administered by the county department of water resources. The county department of financial services will administer the stormwater capital project.

(1)Source of funds. All monies generated by the sale of credits through the in-lieu fee mitigation option described in section 38-148(2) shall be deposited into the stormwater capital project. All monies received from penalties for violation of this article shall be deposited into the project.

(2)Use of funds. Funds shall be budgeted and maintained separately from all other county service funds, for the sole purpose of financing and supporting the creation and perpetual operation of a stream buffer mitigation bank to serve the county. Funds may be used to implement projects that will replace the functional loss (for both water quality and quantity) of the forested stream buffer, including, but not limited to, design and construction of stream restoration projects, property acquisition, engineering and planning studies, and design and construction of stormwater best management practices.

(3)Real property. All purchases or transfers of real property pursuant to this article shall be brought before the county commission for approval. The director of the department of water resources may accept, with county commission approval, donations of real estate, easements and revenue for use in accordance with the provisions of this article.

(Code 1994, § 42-173; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-145

Gwinnett County Stream Buffer Mitigation Bank procedures guide.

Sec. 38-145. Gwinnett County Stream Buffer Mitigation Bank procedures guide.

A Gwinnett County Stream Buffer Mitigation Bank procedures guide shall be developed and updated as needed by the department of water resources as a chapter of the Gwinnett County Storm Water Design Manual. The procedures guide will provide a standardized process for preparing a mitigation plan, coordinating with the department, obtaining the proper permits, determination of mitigation requirements, conducting a completeness review of the design, monitoring the success of the project, cost of mitigation credits, and payment procedures when utilizing the stream buffer mitigation bank. (Code 1994, § 42-174; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-146

Applicability.

Sec. 38-146. Applicability.

This article applies to persons who wish to impact a stream buffer protection zone as defined in the county's stream buffer protection ordinance. These requirements are in addition to, and do not replace or supersede, any other applicable mitigation requirements established under state or federal law. The terms of this article apply when an applicant has either:

(1)Received approval from the department of water resources for a proposed impact to a stream buffer protection zone that is "allowable with mitigation" as defined in the procedures guide; or

(2)Received a variance and is required to perform mitigation as a condition of a variance approval.

(Code 1994, § 42-175; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-147

Compatibility with other buffer regulations and requirements.

Sec. 38-147. Compatibility with other buffer regulations and requirements.

This article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Code 1994, § 42-176; Res. No. SMA2005-001, 3-22-2005)

§ 38-148

Stream buffer mitigation requirements.

Sec. 38-148. Stream buffer mitigation requirements.

To achieve stream buffer mitigation that is proportional to the extent of the impact and consistent from project to project, all applicants requesting mitigation must follow the standardized processes as described in the Gwinnett County Stream Buffer Mitigation Bank procedures guide, available as a chapter of the Gwinnett County Storm Water Design Manual. The appli-cant will use the criteria outlined in the procedures guide to determine the amount of creation, restoration, enhancement, and/or preservation required relative to the degree of impact. An applicant has two options for mitigating impacts to an existing stream buffer protection zone as defined in the county stream buffer protection ordinance. The first option is to perform the mitigation on-site in accordance with the procedures described in subsection (1) of this section. The second option is for the applicant to pay a fee to the county stormwater capital project.

(1)On-site mitigation. An applicant may mitigate impacts to an existing stream buffer by performing an amount of mitigation that is equivalent to the mitigation requirement on-site in accordance with the on-site mitigation procedures in the procedures guide. If the amount of on-site mitigation is not sufficient to satisfy the mitigation requirement, then the applicant will be required to purchase credits from the Gwinnett County Stream Buffer Mitigation Bank.

(2)In-lieu fee mitigation. An applicant may mitigate impacts to an existing stream buffer by paying a fee to the stormwater capital project in accordance with the fee schedule. The fee will be based on the actual costs of stream buffer restoration and will be approved by the county commission. The fee schedule will be reviewed and revised as necessary to reflect the actual costs of restoration and submitted to the county commission for review and approval.

(Code 1994, § 42-177; Res. No. SMA2005-001, 3-22-2005)

§ 38-149

Additional information requirements for mitigation of buffer zone properties.

Sec. 38-149. Additional information requirements for mitigation of buffer zone properties.

As described in the county stream buffer protection ordinance and Stream Buffer Mitigation Bank procedures guide, any permit applications for property requiring buffers and setbacks hereunder must include the following:

(1)A site plan showing:

a.The location of all streams on the property;

b.Limits of required stream buffers and setbacks on the property;

c.Buffer zone topography with contour lines at no greater than two-foot contour intervals;

d.Delineation of forested and open areas in the buffer zone; and

e.Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

(2)A description of all proposed land development within the buffer and setback; and

(3)Any other documentation that the department of water resources may reasonably deem necessary for review of the application and to ensure that the buffer zone ordinance is addressed in the approval process. All buffer and setback areas must be recorded following the plan approval process.

(Code 1994, § 42-178; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-150

Inspection of on-site mitigation projects.

Sec. 38-150. Inspection of on-site mitigation projects.

(a)Either the department of water resources or the department of planning and development may perform inspections of the on-site mitigation project and shall make a final inspection following completion of the work. The permittee shall assist representatives of either department in making such inspections. Both the director of the department of water resources and the director of the department of planning and development or the directors' designee shall have the authority to conduct such investigations as he may reasonably deem necessary to carry out the duties as prescribed in this article, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

(b)No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. (Code 1994, § 42-179; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-151

Enforcement and administrative appeal.

Sec. 38-151. Enforcement and administrative appeal.

This article shall be administered, interpreted, and enforced by both the director of the department of water resources and the director of the department of planning and development or the directors' designee. Any action or inaction that violates the provisions of this article or the requirements of an approved plan or permit shall be unlawful. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and also may be abated by injunctive or other equitable relief. The imposition of any of the enforcement actions or penalties described herein shall not prevent such equitable relief. (Code 1994, § 42-180; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-152

Fees.

Sec. 38-152. Fees.

(a)Application filing, permit, inspection, in-lieu and other fees shall be as may be established from time to time by the board of commissioners.

(b)Permit fees, if any, shall be submitted as a prerequisite to issuance of the permit. Nonpayment as a result of submission of a check having insufficient funds on account, or for any other reason, shall cause the permit to be voided and reissuance subject to penalty as may be established by the board of commissioners.

(c)Application fees, if any, shall be submitted with the application and upon acceptance of said submission for review and consideration shall not be refundable. Failure to pay a required application fee shall cause the application to be returned to the applicant without acceptance for review or consideration by the county.

(d)Following the approval of development plans, and prior to authorization to begin construction, the developer shall provide the department of water resources such fees as may be established from time to time by the board of commissioners. Such fees shall not be refundable following issuance of a development permit, except upon approval of the board of commissioners.

(e)Prior to approval of a final plat or certificate of occupancy, the developer shall provide to the department of water resources such fees and performance and/or maintenance bonds as shall be required by this article or established from time to time by the board of commissioners. (Code 1994, § 42-181; Res. No. SMA2005-001, 3-22-2005; Res. of 5-2-2006)

§ 38-153

Adoption and amendment.

Sec. 38-153. Adoption and amendment.

(a)Effective date.

(1)These regulations shall be in full force and effect on March 22, 2005, following the adoption by the board of commissioners of the county, and shall apply to any land disturbance permit for which an application is received after the effective date of these regulations.

(2)Nothing in these regulations shall be construed to affect the validity of any building permit lawfully issued prior to the effective date of these regulations.

(b)Amendments.

(1)These regulations may be amended from time to time by resolution of the board of commissioners of the county. Such amendments shall be effective as of their date of adoption unless otherwise stated in the adopting resolution.

(2)Any subdivision or other project for which a valid and complete application for a development permit shall have been received prior to the adoption of an amendment to these regulations may, at the developer's option, proceed to completion and building permits may be issued as though no amendment had been approved, provided that the development permit is or can be issued within 90 calendar days of said amendment and all timeframes associated with said permit are observed.

(3)Any subdivision or other project for which a development permit has been issued prior to the adoption of an amendment to these regulations may, at the developer's option, proceed to completion and building permits may be issued as though no amendment had been approved.

(4)Any subdivision or other project for which only a clearing, clearing and grubbing, or grading permit shall have been issued prior to adop-tion of an amendment to these regulations shall be brought into conformance with the amendment (if applicable) prior to issuance of a development permit. (5) No amendment to these regulations shall be construed to affect the validity of any building permit lawfully issued prior to the adoption of said amendment. (Code 1994, § 42-182; Res. No. SMA2005-001, 3-22-2005)

Secs. 38-154—38-174. Reserved.

ARTICLE VII. STORMWATER MANAGEMENT

DIVISION 1. GENERALLY

Secs. 38-175—38-201. Reserved.

ARTICLE VII. STORMWATER MANAGEMENTDIVISION 2. ILLICIT DISCHARGE AND ILLEGAL CONNECTION

§ 38-202

General provisions.

Sec. 38-202. General provisions.

(a)Title. This division shall be known as the Illicit Discharge and Illegal Connection Ordinance.

(b)Authority. The authority for this division is based on home rule provisions of the Georgia Constitution, article IX, section II, paragraph III(a)(6).

(c)Findings. It is hereby determined that: (1) The county separate storm sewer system was designed and installed to manage stormwater so as to prevent localized flooding, damage to property and risk to public safety; (2) The county separate storm sewer system was not designed or installed as a receiving system for non-stormwater discharges; (3) Discharges to the county separate storm sewer system that are not composed entirely of stormwater contribute to increased nonpoint source pollution and degradation of receiving waters;

(4)These non-stormwater discharges occur due to spills, dumping and improper connections to the county separate storm sewer system from residential, industrial, commercial or institutional establishments;

(5)These non-stormwater discharges not only impact local waterways individually, but geographically dispersed, small volume non-stormwater discharges can have cumulative impacts on receiving waters;

(6)The impacts of these non-stormwater discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;

(7)These impacts can be minimized through the regulation of spills, dumping and discharges into the county separate storm sewer system;

(8)Localities in the state are required to comply with a number of state and federal laws, regulations and permits which require a locality to address the impacts of non-point source pollution caused by non-stormwater discharges to the county separate storm sewer system;

(9)The Clean Water Act requires the management and maintenance of the county separate storm sewer system and the management of discharges to that system;

(10)Therefore, in order to prohibit such non-stormwater discharges to the county separate storm sewer system, it is determined that the regulation of spills, improper dumping and discharges to the county separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.

(d)Purpose and intent. The purpose of this division is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the county separate storm sewer system to the maximum extent practicable as required by federal law. This division establishes methods for controlling the introduction of non-stormwater discharges into the county separate storm sewer system in order to comply with requirements of the national pollutant discharge elimination system (NPDES) permit process. The objectives of this division are to:

(1)Comply with all state department of natural resources (DNR) and Federal Environmental Protection Agency (EPA) stormwater regulations developed pursuant to the Clean Water Act;

(2)Prohibit illicit discharges and illegal connections to the county separate storm sewer system;

(3)Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the county separate storm sewer system; and

(4)Establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this division.

(e)Applicability. The provisions of this division shall apply throughout the unincorporated area of the county. The county may enter into agreements with cities within the county, or other municipalities, to carry out the purpose of this division. These agreements may include, but are not limited to, enforcement of provisions, resolution of disputes, and cooperative monitoring and management of the separate storm sewer system and management programs.

(f)Compatibility with other regulations. This division is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this division constitute a minimum standard, should not be deemed to limit or repeal any other local requirements, and are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this division imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(g)Responsibility for administration.

(1)The department shall have the power to administer, implement, and enforce the provisions of this division and any procedures, standards and guidelines established under authority of this division. Such power shall include the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or restrain any violation of this division.

(2)The department shall be responsible for the conservation, management, maintenance (where applicable), extension and improvement of the county separate storm sewer system, including activities necessary to control stormwater and activities necessary to administer and implement the stormwater management programs incorporated by reference into the county's NPDES stormwater permit.

(3)The department may develop, and update periodically, a stormwater management design manual for the guidance of persons preparing stormwater management plans, designing or operating stormwater management systems, and designing or operating facilities that may contribute non-stormwater discharges to the county's separate storm sewer system.

(4)The department may:

a.Establish or oversee the establishment of standards and guidelines for controlling stormwater;

b.Determine the manner in which conveyances should be operated;

c.Inspect private systems which discharge to the county separate storm sewer system;

d.Advise other departments on issues related to stormwater;

e.Protect facilities and premises controlled by the county and prescribe how they are to be used by others;

f.Require facilities or activities that create new, increased, or significantly changed stormwater contributions to the county's separate storm sewer system to comply with the terms of this division; and

g.Develop programs or procedures to control the discharge of pollutants into the county separate storm sewer system.

(5)(a) Adoption of the Gwinnett County Stormwater Management Manual. The board of commissioners hereby adopts the Gwinnett County Stormwater Management Manual, so as to replace the current Gwinnett County Stormwater Systems and Facilities Installation Stan-dards and Specifications. The director of the department of water resources shall deliver a certified copy of the Gwinnett County Stormwater Management Manual as adopted herein to the county clerk for recording in the county's minutes. The director of the department of water resources may recommend future revisions to the Gwinnett County Stormwater Management Manual. All such recommendations shall be presented to the Gwinnett County Stormwater Authority for review and recommendation prior to submission to the board of commissioners for final action. The board of commissioners shall take action to approve, amend, or deny the recommendation. Any such revision shall specify its effective date.

(b)Adoption of the Gwinnett County Storm Sewer Pipe Standards. The board of commissioners hereby renames and adopts the "standard materials" contained in section 3.9.5 of the current Gwinnett County Stormwater Systems and Facilities Installation Standards and Specifications as the "Gwinnett County Storm Sewer Pipe Standards." The director of the department of water resources shall deliver a certified copy of the Gwinnett County Storm Sewer Pipe Standards as adopted herein to the county clerk for recording in the county's minutes. The director of the department of water resources may recommend future revisions to the Gwinnett County Storm Sewer Pipe Standards. All such recommendations shall be presented to the Gwinnett County Stormwater Authority for review and recommendation prior to submission to the Board of commissioners for final action. The board of commissioners shall take action to approve, amend, or deny the recommendation. Any such revision shall specify its effective date.

(c)Repeal of the current Gwinnett County Stormwater Systems and Facilities Installation Standards and Specifications. The Gwinnett County Stormwater Sys-tems and Facilities Installation Standards and Specifications adopted on April 18, 2006 are hereby repealed. (Code 1994, § 100-21; Ord. No. IDA2003-001, § 1, 1-27-2004; Ord. of 4-18-2006; Res. of 5-2-2006; Ord. No. GCID 2014-1156, 11-4-2014; Ord. No. GCID:2017-5318, 12-5-2017, eff. 3-1-2018; Ord. No. 2018 0402, 4-17-2018)

§ 38-203

Definitions.

Sec. 38-203. Definitions.

(a)For the purposes of this division, unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this division its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense; the word "shall" connotes "mandatory" and not "discretionary"; the word "may" is permissive.

(b)Unless otherwise specified, or it is apparent from the context, definitions herein will be the same as those in other county codes.

(c)The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accidental discharge means a discharge prohibited by this division that occurs by chance and without planning or thought prior to occurrence.

Clean Water Act means the Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.

Construction activity means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES general construction permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

Conveyance means an aboveground or underground natural or manmade drainage feature, that provides for the collection and movement of stormwater, and shall include, but not be limited to, concrete or metal pipes, ditches, depressions, swales, roads with drainage systems, highways, county streets, curbs, gutters, inlets, catchbasins, piped storm drains, pumping facilities, structural stormwater controls, drainage channels, reservoirs, rights-of-way, storm drains, culverts, street gutters, oil/water separators, modular pavements and other similar drainage structures.

County means Gwinnett County and such of its departments, employees and agents as may have duties and responsibilities for administering and enforcing all stormwater management activities and implementation of the provisions of this division.

County separate storm sewer system means any conveyance of system of conveyances which is:

(1)Owned or operated by the county;

(2)Not a combined sewer; and

(3)Not part of a publicly owned treatment works.

Department means, unless otherwise specified, the county department responsible for stormwater management activities and implementation of the provisions of this division.

Director means either the director of the county department responsible for stormwater management activities and implementation of the provisions of this division or any of that person's duly authorized representatives.

Discharge means the direct or indirect release of water, fluid, materials or other matter to a conveyance or surface that drains to a conveyance.

Illicit discharge means any direct or indirect non-stormwater discharge to the county separate storm sewer system.

Illegal connection means any of the following:

(1)Any pipe, open channel, drain or other conduit, whether natural or manmade, which is used exclusively to drain a non-stormwater discharge to the county's separate storm sewer system;

(2)Any pipe, open channel, drain or other conduit, whether natural or manmade, that was designed, installed or redirected for the purpose of draining a non-stormwater discharge into the county's separate storm sewer system; or

(3)Any pipe, open channel, drain or other conduit, whether natural or manmade, which is connected to the county separate storm sewer system and which has not been documented in plans, maps, or equivalent records and approved by the county regardless of whether such pipe, open channel, drain or other conduit, whether natural or manmade, was permissible under law or practices applicable or prevailing at the time the connection was made, or has been previously allowed, permitted, or approved by the county or any other authorized enforcement agency.

The term "illegal connection" expressly includes, without limitation, those connections made in the past.

Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26 (b)(14).

National pollutant discharge elimination system (NPDES) stormwater discharge permit means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Non-stormwater means any surface flow, runoff, drainage, or discharge that is not composed entirely of stormwater and which may include pollutants, but that excludes:

(1)Water from those sources described in section 38-204(a)(2)a and b; and/or

(2)Any discharge permitted under NPDES permit or order issued to the discharger and administered under the authority of the state and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the county separate storm sewer system.

Person means, except to the extent exempted from this division, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; process waste water and wash water; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological, thermal and radiological integrity of water.

Premises means any building, lot, parcel of land, or portion of land, whether improved or unimproved including adjacent sidewalks and parking strips.

Procedure means a procedure adopted by the department, by and through the director, to implement a regulation or regulations adopted under this division, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the county or other agencies.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single person.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, but which also includes:

(1)Water from those sources described in section 38-204(a)(2)a and b; and/or

Stormwater management design manual means the most recent version of the stormwater design manual.

Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

Variance means the modification of the minimum stormwater requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this division. (Code 1994, § 100-22; Ord. No. IDA2003-001, § 2, 1-27-2004; Res. No. IDA2005-001, 3-22-2005)

§ 38-204

Prohibitions.

Sec. 38-204. Prohibitions.

(a)Prohibition of illicit discharges.

(1)It shall be a violation of this division for any person to throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the county separate storm sewer system anything other than stormwater.

(2)Discharges from the following sources are exempt from the prohibition provision in subsection (1) of this section:

a.Water line flushing performed by a government agency, other potable water sources, dechlorinated and unpolluted swimming pool discharges, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;

b.Discharges or flows from firefighting, and other discharges specified in writing by the county as being necessary to protect public health and safety.

(b)Prohibition of illegal connections.

(1)It shall be a violation of this division for any person to construct, connect, use, maintain, or suffer or allow the continued existence of any illegal connection to the county separate storm sewer system.

(2)Illegal connections must be disconnected. The department may require that illegal connections be disconnected and redirected, if necessary, to an approved on-site sewage management system or the sanitary sewer system. Such redirected connections must be approved by the agency responsible for administering and operating those systems.

(3)The department may require any underground or aboveground pipe, drain or other conduit, that has not been documented in plans, maps or equivalent, and which may be connected to the county's separate storm sewer system, to be located by the owner or occupant of that property upon receipt of written notice from the department. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the department. Failure to comply with the terms of the written notice mentioned within this subsection shall constitute a violation of this division. (Code 1994, § 100-23; Ord. No. IDA2003-001, § 3, 1-27-2004; Res. No. IDA2005-001, 3-22-2005)

§ 38-205

Industrial or construction activity discharges.

Sec. 38-205. Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the county prior to allowing discharges to the county separate storm sewer system. (Code 1994, § 100-24; Ord. No. IDA2003-001, § 4, 1-27-2004)

§ 38-206

Access and inspection of properties and facilities.

Sec. 38-206. Access and inspection of properties and facilities.

(a)Access and inspection. The director or his designee shall be permitted to enter and inspect premises, properties and facilities at reasonable times as often as may be necessary to determine compliance with this division.

(1)If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the director or his designee.

(2)The owner or operator shall allow the director or his designee ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography and videotaping for the purpose of ensuring compliance with the provisions of this division. The owner or operator shall allow the director or his designee to examine and copy any records that are required under the conditions of an NPDES permit. The director or his designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.

(3)The director or his designee shall have the right to set up on any premises, property or facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of discharges.

(4)The director or his designee may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the department. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. Measurements, tests and analyses performed shall be completed in accordance with 40 CFR 136, unless the director approves another method.

(5)Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the director or his designee and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

(6)Unreasonable delays in allowing the director or his designee access to a facility, property or premises shall constitute a violation of this division.

(7)If the director or his designee has been refused access to any part of a premises, property or facility from which stormwater is or would likely be discharged, and the director or his designee is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this division or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction.

(b)Schedule. The director or his designee may determine inspection schedules necessary to enforce the provisions of this division. (Code 1994, § 100-25; Ord. No. IDA2003-001, § 5, 1-27-2004)

§ 38-207

Notification of accidental discharges and spills.

Sec. 38-207. Notification of accidental discharges and spills.

(a)Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of non-stormwater from that facility or operation which is resulting or may result in a discharge of that non-stormwater into the county separate storm sewer system, state waters, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

(b)Said person shall notify the department by phone, facsimile or in person within 24 hours of discovering the discharge. Such notification shall detail the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department within three business days of the phone or in person notice. If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

(c)In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

(d)Failure to provide notification of a release or discharge as provided above is a violation of this division. (Code 1994, § 100-26; Ord. No. IDA2003-001, § 6, 1-27-2004)

§ 38-208

Violations, enforcement and penalties.

Sec. 38-208. Violations, enforcement and penalties.

(a)Violations. It shall be a violation of this division for any person to violate any provision or fail to comply with any of the requirements of this division. Any person, who has violated or continues to violate the provisions of this division, may be subject to the enforcement actions outlined in this section. Each day of noncompliance is considered a separate offense. The department may institute appropriate action or proceedings at law or equity for the enforcement of this division. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Nothing herein contained shall prevent the department from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief. In the event the violation constitutes an immediate danger to public health or public safety, the department has the right, but not the duty, to enter upon the subject private property or premises, without giving prior notice, and take any and all measures necessary to abate the violation and/or restore the property. The department is authorized to seek costs of the abatement as outlined in subsection (e) of this section.

(b)Notice of violation. Whenever the department finds that a violation of this division has occurred, the department may order compliance by written notice of violation.

(1)The notice of violation shall contain:

a.The name and address of the alleged violator;

b.The address, when available, or a description of the building, structure, premises or land upon which the violation is occurring, or has occurred;

c.A statement specifying the nature of the violation;

d.A description of the remedial measures necessary to restore compliance with this division and a time schedule for the completion of such remedial action;

e.A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and

f.A statement that the determination of violation may be appealed to the department by filing a written notice of appeal within 30 days of service of notice of violation.

(2)Such notice of violation may require, without limitation:

a.The performance of monitoring, analysis, and reporting;

b.The elimination of illicit discharges and illegal connections;

c.That violations of this division shall cease and desist;

d.The abatement of non-stormwater discharges, the remediation of land or the effects of pollution, and the restoration of any affected property to its unaffected condition;

e.Payment of costs to cover administrative and abatement costs;

f.The implementation of pollution prevention practices;

g.The development and provision to the department of written remediation or action plans;

h.The development and provision to the department of documents showing the location and discharge points of conveyances, pipes, channels, or drains; and

i.Any other actions that will lead to the remedy of a condition of violation of this division.

(c)Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the director or his designee. The notice of appeal must be received by the department within 30 days from the date of the notice of violation. Hearing on the appeal before the director shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the director shall be final.

(d)Enforcement measures. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within three days of the decision of the director upholding the decision of the director or his designee, then, in addition to any other remedies that may be available, representatives of the department or its contractors may enter upon the subject private premises, property or facility, where they are then authorized to take any and all actions or measures necessary to abate the violation and/or restore the property. Such measures or actions shall include, but not be limited to, repairs, maintenance, containment, cleanup and remediation. It shall be a violation of this division for any person, owner, agent or person in possession of any premises, property or facility to refuse to allow the department or designated contractor to enter upon the premises for the purposes set forth above.

(e)Costs of abatement of the violation. Within ten working days after abatement of the violation by the department or its contractors, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within ten working days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this division shall become liable to the county by reason of such violation.

(f)Criminal penalties. For violations of this division, the department may issue a citation to the alleged violator requiring such person to appear in a court of competent jurisdiction to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(g)Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this division is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

(h)Remedies not exclusive. The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state or local law and the department may seek cumulative remedies. The department may recover attorneys' fees, court costs, and other expenses associated with enforcement of this division, including sampling and monitoring expenses. If the amount due is not paid within 30 days after receipt of a notice requiring payment of such costs, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. (Code 1994, § 100-27; Ord. No. IDA2003-001, § 7, 1-27-2004)

Secs. 38-209—38-239. Reserved.

ARTICLE VII. STORMWATER MANAGEMENTDIVISION 3. STORMWATER UTILITY

§ 38-240

Short title, authority and applicability.

Sec. 38-240. Short title, authority and applicability.

(a)This division shall be known and may be cited as the Gwinnett County Stormwater Utility Ordinance.

(b)This division shall be codified in the Gwinnett County Code as chapter 100, article III, to be entitled "Gwinnett County Stormwater Utility Ordinance," consisting of sections 100-51 through 100-64, inclusive.

(c)The county has the authority to adopt this division pursuant to article IX, section II, paragraph III(a)(6) and article IX, section II, paragraph III(c), (d) of the Constitution of the state, and O.C.G.A. §§ 36-82-61(4)(C)(ii) and 36-82-62(a)(2). See: McLeod v. Columbia County, 278 Ga. 242 (2004). (Code 1994, § 100-51; Ord. of 11-1-2005)

§ 38-241

Findings.

Sec. 38-241. Findings.

The board of commissioners of the county makes the following findings:

(1)The Federal Clean Water Act, as amended by the Water Quality Act of 1987 (33 USC 1251 et seq.), and rules promulgated by the United States Environmental Protection Agency pursuant to the Act emphasizes the role of local governments in developing, implementing, conducting and funding stormwater programs which address water quality impacts of stormwater runoff.

(2)Stormwater management services and stormwater management systems and facilities will assist the county in meeting the regulatory obligations imposed by its national pol-lutant discharge elimination system (NPDES) permits by reducing pollution and increasing water quality within the county.

(3)Stormwater management services and stormwater management systems and facilities will assist the county in protecting the public health, safety and welfare and the environment. Provision of stormwater management services, stormwater management systems and facilities and regulation of the use thereof renders and/or results in both service and benefit to individual parcels, parcel owners, citizens and residents of the county and to all parcels, parcel owners, citizens and residents of the county concurrently and the environment in a variety of ways.

(4)The area of impervious surface on each parcel is the most important factor influencing the cost of the stormwater management services and stormwater management systems and facilities provided by the county or to be provided by the county in the future, and the area of impervious surfaces on each parcel is therefore the most appropriate parameter for calculating a periodic stormwater service charge.

(5)The county presently owns and operates stormwater management systems and facilities which have been developed over many years. The future usefulness of the existing stormwater management systems and facilities owned and operated by the county, and of additions and improvements thereto, rests on the ability of the county to effectively manage, protect, control, regulate, use, and enhance stormwater management systems and facilities in the county in concert with the management of other public utilities in the county. In order to do so, the county must have adequate and stable funding for its stormwater management program's operating needs and capital program.

(6)Stormwater management services and stormwater management systems and facilities are needed throughout the unincorporated areas of the county because many of those areas are developed. While specific service and facility demands may differ from area to area at any given point in time, a stormwater management service area encompassing all lands and water bodies within the unincorporated area of the county is consistent with the present and future needs of the community.

(7)The provision of stormwater management services and stormwater management systems and facilities in the county promotes an essential regulatory purpose by influencing where stormwater runoff flows and how it is managed, thereby reducing flooding, erosion and water pollution caused by stormwater runoff.

(8)By mitigating the impact of stormwater runoff from developed parcels, the stormwater management systems and facilities help prevent damage that would subject a parcel owner to civil liability.

(9)The board of commissioners is responsible for the protection and preservation of the public health, safety, and welfare of the community, and the environment and finds that it is in the best interest of the health, safety, and welfare of the citizens of the county and the community at large and the environment to proceed with the development, implementation, and operation of a utility for stormwater management accounted for in the county budget as a separate enterprise fund dedicated solely to stormwater management and to institute funding methods associated therewith.

(10)The county has undertaken a comprehensive review by staff and professional consultants of the need for, management of, and funding for, a stormwater utility. The county staff reports and the professional engineering analysis submitted to the county properly assess and define the stormwater management problems, needs, goals, program priorities and funding opportunities of the county.

(11)As a result, the county board of commissioners finds that a stormwater utility provides the most practical and appropriate means of properly delivering stormwater management services and stormwater management systems and facilities, and the board of commissioners finds that a stormwater services fee provides the most practical and appropriate means of funding stormwater management services in the county. (Code 1994, § 100-52; Ord. of 11-1-2005)

§ 38-242

Definitions.

Sec. 38-242. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any word or phrase not defined in this section but otherwise defined in this Code shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise.

County standards means the county ordinances that govern water quality and water quantity, including, but not limited to, the development regulations, the floodplain management ordinance, the soil erosion and sediment control ordinance, the illicit discharge and illegal connection ordinance, the stream buffer protection ordinance, the stream buffer mitigation bank ordinance, the zoning resolution, the stormwater design manual, and all procedures, rules and policies pertaining thereto as these may be updated or amended from time to time.

Credit means a conditional reduction allowed against the stormwater service fee charged to an individual parcel based upon the technical requirements and the design and performance standards contained in the county's stormwater credits manual, to be adopted pursuant to this division, as it may be updated or amended from time to time.

Customer means all persons, parcels, and entities served by the utility's acquisition, management, maintenance, extension, and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities, and activities related thereto, and persons, parcels, and entities which will ultimately be served or benefited as a result of the stormwater management program.

Developed land means all parcels not deemed as undeveloped land, as defined herein.

Direct lien means a lien enforced against an individual or parcel prior to obtaining a judgment against the individual or parcel, such as liens established by operation of law for unpaid taxes.

Director means the director of the county department of water resources or designee.

Impervious surfaces means any paved, hardened or structural surfaces, including, but not limited to, buildings, dams, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways or other structures which prevent or impede the infiltration of stormwater into the soil.

Parcel means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Private stormwater management systems and facilities means those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catchbasins, pipes, headwalls, storm drains, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence the movement of stormwater runoff or water quality, which are not public.

Public stormwater management systems and facilities (or Gwinnett County's Municipal Separate Storm Sewer System) means those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catchbasins, pipes, headwalls, storm drains, public streets, curbs and gutters, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence either the movement of stormwater runoff or water quality, which are either owned by the county or over which the county has accepted an offer of dedication of an easement or other legally binding permanent right of use for stormwater drainage, and for which the county has the obligation of maintenance for stormwater drainage purposes.

Stormwater management services may address the quality and the quantity of stormwater runoff and include all services provided by the county which relate to the:

(1)Transfer, control, conveyance or movement of stormwater runoff through the unincorporated portions of the county, or through any city which has entered into an intergovernmental agreement with the county pursuant to section 38-243(c);

(2)Operation, maintenance, repair, enhancement and replacement of existing public stormwater management systems and facilities;

(3)Planning, development, design and construction of additional stormwater management and facilities to meet current and anticipated needs;

(4)Regulation of the use of stormwater management services or of stormwater management systems and facilities;

(5)Education of the public as to stormwater issues;

(6)Development plan review to require compliance with county standards;

(7)Inspection for water quantity and water quality to require compliance with county standards;

(8)Monitoring for water quantity and water quality to determine compliance with county standards, state water quality standards and stormwater management programs; and

(9)Other services as the director may deem appropriate.

Stormwater service fees means the periodic service charge imposed by the county to a parcel of developed land pursuant to this division for providing the stormwater management services and stormwater management systems and facilities, which fees shall be used only for the purpose of funding the county stormwater utility's cost of providing stormwater management services and stormwater management systems and facilities. Stormwater service fees shall be based on the relative contribution of each parcel to the demand for stormwater management services, shall be structured so as to be fair and reasonable and shall bear a substantial relationship to the cost of providing stormwater management services and stormwater management systems and facilities. The cost of operating expenses, capital investments and reserve accounts may be included in the stormwater service fees.

Undeveloped land means a parcel that has less than 100 square feet of impervious surface.

Water quality means the chemical, physical, and biological characteristics of the state's public utilities.

Water quantity means the volume of runoff which is not entirely confined and retained completely upon a parcel. (Code 1994, § 100-53; Ord. of 11-1-2005; Res. of 5-2-2006)

§ 38-243

Establishment of a stormwater utility.

Sec. 38-243. Establishment of a stormwater utility.

(a)There is hereby established a stormwater utility within the department of water resources which shall be responsible for providing stormwater management services, for providing stormwater management systems and facilities and for determining labor, material and administrative fees for the operation of the stormwater utility throughout the unincorporated area of the county or within any city that has entered into an intergovernmental agreement pursuant to subsection (c) of this section.

(b)The board of commissioners hereby transfers responsibility for stormwater services over the existing stormwater management systems and facilities and other related assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-entry and access, and certain equipment to the stormwater utility.

(c)Upon the execution of a written intergovernmental agreement between the county and any municipality in the county, pursuant to article 9, section 2, paragraph III(b) and article 9, section 3, paragraph I of the Constitution of the state, the stormwater utility shall provide stormwater management services, shall provide stormwater management systems and facilities and shall collect stormwater service fees and other fees as provided herein within the corporate limits of said city in accordance with the terms of this division, subject to funding availability and to policy determinations made in the best interest of public health, welfare and safety and the environment; provided, however, that no such intergovernmental agreement shall be construed as authorizing the stormwater utility to operate outside of the boundaries of the county. The intergovernmental agreement may include payments or other requirements imposed on the city to upgrade the city's stormwater management systems and facilities prior to acceptance by the county. (Code 1994, § 100-54; Ord. of 11-1-2005; Res. of 5-2-2006)

§ 38-244

Scope of responsibility for the stormwater utility.

Sec. 38-244. Scope of responsibility for the stormwater utility.

(a)The stormwater utility shall provide stormwater management services for existing and proposed public stormwater management systems and facilities as defined in this division, subject to funding availability and to policy determinations made in the best interest of public health, welfare and safety and the environment. Additionally, the stormwater utility may accept the responsibility for providing stormwater management services to private stormwater management systems and facilities, acceptance of which conforms to policies established by the board of commissioners or those persons or entities designated by the board of commissioners to set such policies.

(b)The county owns or has rights established by written agreements which allow the stormwater utility to provide stormwater management services and access those stormwater management systems and facilities which are located:

(1)Within public road rights-of-way and public road easements;

(2)On private property, but within easements granted to and accepted by the county, or are otherwise permitted to be located on such private property by written agreements for rights-of-entry, rights-of-access, rights-of-use or other permanent provisions; or

(3)On public land which is owned by the county or by another governmental entity, and with which the county has written agreements to provide stormwater management services and access to the stormwater management systems and facilities.

(c)Stormwater management systems and facilities which are located on private property or on public property not owned by the county or leased to the county by another political subdivision of the state, and for which there has been no written agreement granting easements which have been dedicated to and accepted by the county, rights-of-entry, rights-of-access, rights-of-use or other form of dedication thereof to the county for operation, maintenance, improvement and access of such stormwater management systems and facilities, shall be and remain the legal respon-sibility of the property owner, except as otherwise provided for by the laws of the state and the United States.

(d)The stormwater utility may provide stormwater management services to privately owned stormwater management systems and facilities to ascertain that said facilities are functioning as designed and approved. The stormwater utility may provide for remedial maintenance of said private facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and welfare and the environment, and in cases where such remedial maintenance is required the county shall bill the owner or owners of said private facility for the costs of such maintenance.

(e)It is the express intent of this division to protect the public health, safety and welfare of people, property and the environment, in general, but not to create any special duty or relationship with any individual person, or to any specific parcel within or outside the boundaries of the county. The county expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages or equitable remedies upon the county, its commissioners, officers, employees and agents arising out of any alleged failure or breach of duty or relationship.

(f)If any permit, plan approval, inspection or similar act is required by the county as a condition precedent to any activity or change upon property not owned by the county pursuant to this or any other regulatory ordinance, regulation or rule of the county, or under federal or state law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall it afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages or equitable remedies against the county, its commissioners, officers, employees or agents. (Code 1994, § 100-55; Ord. of 11-1-2005)

§ 38-245

Establishment of enterprise fund.

Sec. 38-245. Establishment of enterprise fund.

(a)The county administrator shall establish a stormwater enterprise fund in the county budget and accounting system for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the stormwater utility, including, but not limited to, rentals, rates, charges, fees, and licenses as may be established by the board of commissioners.

(b)Any revenues and receipts of the stormwater utility shall be placed in the stormwater enterprise funds and all expenses of the utility shall be paid from the stormwater enterprise funds, except that other revenues, receipts, and resources not in the stormwater utility enterprise funds may be applied to stormwater management operations and capital investments as deemed appropriate by the board of commissioners, upon recommendation of the county administrator.

(c)The county may pledge all or any portion of all income and revenue of any nature derived from the operation of the stormwater management systems and facilities owned by the county or owned by another political subdivision of the state and leased to the county, including periodic stormwater service charges and other charges for stormwater service, to the payment of principal of premium, if any, and interest on any revenue bonds or other obligations lawfully issued or otherwise contracted for by the county as may be provided in any resolution authorizing such bonds or obligations or in any trust instrument relating to such bonds or obligations. (Code 1994, § 100-56; Ord. of 11-1-2005)

§ 38-246

Rates of stormwater service fees to be established.

Sec. 38-246. Rates of stormwater service fees to be established.

(a)In order to recover the cost of providing stormwater services and stormwater management systems and facilities while fairly and reasonably apportioning the costs among developed properties throughout the unincorporated portion of the county and within the corporate limits of municipalities that have entered into an intergovernmental agreement with the county pursuant to section 38-243(c) based on the use of stormwater services and stormwater management systems and facilities, the board of commissioners shall establish by resolution a stormwater service fee rate, which shall apply uniformly throughout the area of the county that may be included within the stormwater utility pursuant to the jurisdiction granted by this division.

(b)The area of impervious surfaces on each parcel shall be calculated as of the date of the most recent aerial photography available to the stormwater utility.

However, the director is authorized to make adjustments to the impervious area upon request by a customer. (Code 1994, § 100-57; Ord. of 11-1-2005)

§ 38-247

Effective date of stormwater service charges.

Sec. 38-247. Effective date of stormwater service charges.

The stormwater service fee shall accrue beginning January 1, 2006, and shall be billed periodically thereafter. (Code 1994, § 100-58; Ord. of 11-1-2005)

§ 38-248

Credits.

Sec. 38-248. Credits.

Owners of developed land may apply for and receive a stormwater service fee credit for on-site systems or facilities. The director or designee shall determine such stormwater service fee credits based on the technical requirements, design and performance standards contained in the county's stormwater credits manual, to be adopted by the director or designee pursuant to this division, as it may be updated or amended from time to time. All of the stormwater service fee credits that may be awarded pursuant to the stormwater credits manual shall not exceed 40 percent of the stormwater service fee applicable to a parcel. The stormwater service fee credits shall be effective on January 1, 2007, but shall be retroactive to January 1, 2006. (Code 1994, § 100-59; Ord. of 11-1-2005)

§ 38-249

Stormwater service fee, billing, delinquencies and collections.

Sec. 38-249. Stormwater service fee, billing, delinquencies and collections.

(a)The stormwater service fee may be billed separately, or on a customer statement and collected along with other fees for services, at the county's sole discretion, provided that in no instance shall the service fee constitute a direct lien against the parcel. Unpaid stormwater service fees shall be collected by filing suit to collect on an unpaid account and by using all methods allowed by state law to collect on any judgment obtained thereby.

(b)A stormwater service fee bill may be sent through the United States mail or by alternative means notifying the customer of the amount of the bill, the date the payment is due, and the date when past due. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land shall be ultimately obligated to pay such fee. If a cus-tomer is underbilled or if no bill is sent for developed land, the county may backbill for a period of up to one year, but shall not assess penalties for any delinquency due to the failure to send a bill or an under billing. A one percent per month late charge shall be assessed against the owner for the unpaid balance of any stormwater utility service charge that becomes delinquent. (Code 1994, § 100-60; Ord. of 11-1-2005)

§ 38-250

Stormwater utility inspections and enforcement.

Sec. 38-250. Stormwater utility inspections and enforcement.

(a)Every owner of real property located in the unincorporated area of the county, every owner of real property within the corporate limits of municipalities that have entered into an intergovernmental agreement with the county pursuant to section 38-243(c), and every person who serves as a contractor or developer for the purpose of developing real property located in the unincorporated area of the county or within the corporate limits of municipalities that have entered into an intergovernmental agreement with the county pursuant to section 38-243(c), shall be obligated to provide stormwater management systems and facilities sufficient to collect, convey, detain, control and discharge stormwater in a safe manner consistent with all the county ordinances and development regulations, and the laws of the state and the United States of America.

(b)The director or designee shall be permitted to enter and inspect parcels and stormwater management systems and facilities at reasonable times as often as may be necessary to determine compliance with this division.

(1)If a parcel or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner, developer or contractor shall make the necessary arrangements to allow access to the director or designee.

(2)The owner, developer or contractor shall allow the director or designee ready access to all parts of the parcel or facility for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography and videotaping for the purpose of ensuring compliance with the provisions of this division. The owner, developer or contractor shall allow the director or designee to examine and copy any records that are required under the conditions of an NPDES permit or development permit. The director or designee shall duly notify the owner, developer or contractor of said parcel or the representative on site, except in the case of an emergency.

(3)The director or designee shall have the right to set up on any parcel or facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of discharges.

(4)The director or designee may require the owner, developer or contractor to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the department. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner, developer or contractor at his own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. Measurements, tests and analyses performed shall be completed in accordance with 40 CFR 136, unless the director or designee approves another method.

(5)Any temporary or permanent obstruction to safe and easy access to the parcel or facility to be inspected and/or sampled shall be promptly removed by the owner developer or contractor at the written or oral request of the director or designee and shall not be replaced. The costs of clearing such access shall be borne by the owner, developer or contractor.

(6)Unreasonable delays in allowing the director or designee access to a facility or parcel shall constitute a violation of this division.

(7)If the director or designee has been refused access to any part of a parcel or facility from which stormwater is or would likely be discharged, and the director or designee is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this division or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction.

(8)The director or designee may determine inspection schedules necessary to enforce the provisions of this division.

(c)Any failure to meet the obligations set forth in this section shall constitute a nuisance and be subject to an abatement action filed by any damaged party or by the county in any court of competent jurisdiction. In the event a public nuisance is found by the court to exist, which the owner, developer or contractor fails to properly abate within such reasonable time as allowed by the court, the county may enter upon the parcel and cause such work as is reasonably necessary to abate the nuisance with the actual cost thereof assessed against the owner, developer, or contractor, if any, on a joint and several basis. From the date of the filing of such action, the county 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 Gwinnett County. The county shall have the right, pursuant to the authority of this division, for its designated officers and employees to enter upon private and public parcels owned by entities other than the county, upon reasonable notice to the owner thereof, to inspect the parcel and conduct surveys and engineering tests thereon in order to assure compliance with this section.

(d)When the county and any city located in the county have entered into an intergovernmental agreement as provided for by section 38-243(c), the stormwater utility shall provide inspections and enforcement within the incorporated area of the city. (Code 1994, § 100-61; Ord. of 11-1-2005)

§ 38-251

Appeals.

Sec. 38-251. Appeals.

(a)Any customer who believes the provisions of this division have been applied in error may appeal in the following manner:

(1)An appeal must be filed in writing with the county administrator or designee within 30 days of the decision that is appealed. In the case of service fee appeals, the appeal shall include a survey prepared and sealed by a land surveyor or professional engineer currently registered in the state containing information on the total parcel area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the parcel to rainfall events.

(2)The county administrator or designee shall conduct a technical review of the conditions on the parcel and respond to the appeal in writing within 30 days of receipt.

(3)In response to an appeal the county administrator or designee may adjust the stormwater service fee applicable to a parcel in conformance with the general purpose and intent of this division.

(4)All decisions by the county administrator or designee shall be final.

(b)The appeal process contained in this section shall be a condition precedent to an aggrieved customer seeking judicial relief. Any decision of the county administrator or designee may be appealed by application for writ of certiorari in the superior court of the county, filed within 30 days of the date of receipt of service of the decision of the county administrator or designee. (Code 1994, § 100-62; Ord. of 11-1-2005)

§ 38-252

Authority to implement division.

Sec. 38-252. Authority to implement division.

The director or designee is authorized to make all necessary and reasonable rules, procedures and policies with respect to the enforcement of this division. All such rules, procedures and policies shall be consistent with the provisions of this division and shall be effective 30 days after being signed by the director or designee and placed in the central files of the department of water resources. (Code 1994, § 100-64; Ord. of 11-1-2005; Res. of 5-2-2006)