Coppell Greens 2-CS000825August 25, 2000
Jeff Jesionowski, Vice President
Argus Development Co. of Texas, Inc.
6400 Uptown Blvd. NE, Suite 510-W
Albuquerque, New Mexico 87110
RE: Coppell Greens
Dear Mr. Jesionowski:
This letter is written to notify you that the soil stabilization operation taking place in Coppell Greens
in the city of Coppell, Texas is creating a violation of our Erosion and Sedimentation Control
Ordinance No. 91514. An offense under this Ordinance happens when sediment from one location
causes an unsafe, bothersome or unsightly condition on public property and public rights-of-way.
I received a complaint concerning silt within the curb line on Kilridge Street in Coppell Greens. My
visual observation showed that the silt was caused by a soil stabilization operation taking place on
lots within the Coppell Greens Subdivision. The silt is creating an unsightly condition in our rights-
of-way, especially at the driveway locations along Kilridge Street where residents drive through the
mud and track it onto their driveway and into their garages. The silt is also flowing down Kilridge
Street into our storm drain system and at that point is settling out within the inlet and the storm drain
system.
This letter should be construed as your 48 hour notice in writing that your operation in Coppell
Greens is a violation of Ordinance//91514 and that you need to correct the public erosion nuisance
and clean up and remove all sedimentation that has been deposited within the street, inlet and storm
drain system. Portions of the Erosion Control Ordinance have been provided with this letter. A copy
of the entire Erosion Control Ordinance is being provided via the hard copy of the letter.
Please contact me at 972-304-3686 as soon as possible to discuss this further.
Thank you for your cooperation in this matter.
Sincerely, .
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
255 PARKWAY 'Jr P O.l=lOX 47/3 1IrCOPPELL TX 75019 li'TEL 972/462 0022 * FAX 972/304 3673
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
oRDINANCE NO. q/,S'/q
EROSION SEDI ,TATION CONTROL CODE
AN ORDINANCE OF TItE CITY OF COPPE. LL, TEXAS AMENDING THE CODE OF ORDINANCES
' OF THE .'CITY' BY ADDING:~HESE TO K NEW'ARTICLE 15-8 TO BE KNOWN AS THE CITY
"~ OF .COPPEIrL EROSIONJAND 'SEDII~TATION '~CONTROL CODE DESIGNED TO MINIMIZE
ERO~ION'"'AND · SEDIMENTATION FROM PRIVATE PROPERTY ONTO PUBLIC PLACES AND
PUBLIC RIGHTS-OF-WAY: STATING THE PURPOSE AND SCOPE OF THE CODE; MAKING IT
UNLAWFUL TO PERMIT A PUBLIC EROSION NUISANCE; DEFINING A PUBLIC EROSION
· NUISANCE; PROVIDING NOTICE PROVISIONS; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND
PROVIDING THAT SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR THE DUTIES OF
THE CITY AND THE RESPONSIBILITIES OF THE OWNER; PROVIDING FOR AN EROSION
AND SEDIMENTATION CONTROL PLAN TO BE SUBMITTED BY DEVELOPERS; PROVIDING
FOR SURETIES TO BE PROVIDED BY DEVELOPERS; PROVIDING FOR STOP WORK ORDERS
TO BE ISSUED FOR VIOLATIONS; PROVIDING FOR INJUNCTIVE RELIEF AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE COPPELL, TEXAS:
ARTICLE 15-8: EROSION AND SEDIMENTATION CODE
Sec. 15-8-1 FINDINGS OF FACT, PURPOSE, AUTHORITY, RELATED ORDINANCES
A. FINDING OF FACT
The City of Coppell has in the past experienced
significant soil erosion and sedimentation problems.
Large quantities of earth have been displaced from private
property onto drainage easements, storm drains and other
public places, access easements, public easements and
public rights-of-way. Erosion is a dangerous activity in
that it contaminates water supplies and water resources.
Excessive sedimentation clogs watercourses, drainage
easements and storm drains, and causes flooding which
results in substantial damage to public and private
lands. These problems result in a serious threat to the
health, safety and General welfare of the community.
B. STATEMENT OF PURPOSE
This ordinance sets forth the minimum performance standard
necessary to protect against erosion and sedimentation
problems within the City of Coppell and to establish the
various public and private responsibilities for providing
this protection. It is the intent of this ordinance to
set forth performance standards which all erosion and
sedimentation controls must, at a minimum, meet. It
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~c. 15-8-2 APPLICABILITY, NOTICE AND ABATEMENT
A. LANDS TO WHICI{ THIS ORDINANCE APPLIES
All properties (lands) within the City of Coppell are
subject to this ordinance.
B. OFFENSE OF FALLING TO P~ A PDBLIC EROSION NDISANCE
It shall be unlawful for any person, firm or corporation
which owns, possesses, is in custody of or exercises
control of property to permit a public erosion nuisance to
occur on said property. A public erosion nuisance is an
occurrence where erosion of, or sediment from, one
location causes an unsafe, bothersome, or unsightly
condition on public property and public rights-of-way. An
unsafe, bothersome or unsightly condition or burden
includes silt, mud or similar debris, originating on one
property but being deposited onto a second off-site
property, which is public property or a public
right-of-way from which the City of Coppell may have to
remove or clean up the deposit due to liability,
statutory, aesthetic, drainage or property damage
concerns. Examples include, but are not limited to:
(1) Excessive sedimentation in storm drains, drainage
easements and watercourses caused by erosion; and
~ (2) Excessive sedimentation on public streets,
sidewalks, alleys, easements and other rights-of-way
caused by erosion.
It is not a violation of this ordinance if erosion and
sedimentation occurs upon private property and is
deposited upon private property. Only erosion and
sedimentation which impacts upon public property a.nd
public rights-of-way are governed by this ordinance.
C. NOTICE PROVISIONS
It shall be the duty of the City Engineer or his designee
to give forty-eight hours (48 hours) notice, in writing,
to the owner or agent in charge of any premises believed
to be in violation of this ordinance, to correct the
public erosion nuisance and to clean up and remove the
offending and burdensome sedimentation.
A notice of less than 48 hours may be given in the event
that the City Engineer decides, in his judgement, that the
situation believed to be in violation of this ordinance
poses a substantial and immediate threat to public health,
safety, and welfare.
Page 3
said work was done or improvements made to secure the
expenditures so made, in accordance with the provisions of
Subchapter "A' of Chapter 342 of UTCA Health and Safety
Code, which lien shall be second only to tax liens and
liens for street improvements: and said amount shall bear
ten (10) percent interest from the date said statement was
filed. Further, for any such expenditures and interests
as aforesaid, suit may be instituted and recovery and
foreclosure of said lien may be had in the name of the
city; and the statement of expenses so made, as aforesaid,
or a certified copy thereof, shall be prima facie proof of
the amount expended for such work or improvements.
Sec. 15-8-3 DUTIES AND RESPCNSIBILITIES
A. DUTIES OF CITY OFFICIALS
The City Engineer is hereby appointed to administer and
implement this ordinance. The duties of the City Engineer
or his designee shall include, but not be limited to:
(1) Inspecting sites to determine compliance with this
ordinance;
(2) Determining if sureties shall be exercised. If so,
the City Engineer shall arrange for the work to be
done, and if not, the City Engineer shall return the
sureties to the applicant; and
(3) Determining if a 'stop work order' shall be issued
and, if so, when the 'stop work order" shall be
removed from the project or construction, and work
allowed to commence or recommence.
B. RESPONSIBILITIES OF OWNERS
The owner, builder, developer, tenant, or any other
person, firm, or corporation who owns, possesses, is in
custody of, or exercises control of, property shall be
responsible for any silt, mud, or sands transported from
the property by drainage. The intent of this ordinance is
that owners, builders, and developers make provisions for
preventing erosion and sedimentation problems at such time
as their property is proposed for development, use, or
modification, and to continue such preventive measures
during the actual construction and development of the
property. Additionally, all persons, firms, or
corporations who, after construction and development, own,
posses, are in custody of, or exercise control of, the
property are responsible for preventing the erosion and
sedimentation problems addressed by this ordinance.
Page 5
and maintained by the developer for a two (2) year period
from the date of final acceptance of the subdivision.
After the two-year period has elapsed, the owner of the
property shall be responsible for maintain%ng the erosion
controls in good working order. If any future owner
modifies or disturbs the erosion controls for the area,
that owner must restore or replace the permanent erosion
controls at the conclusion of the disturbing activity.
._~ G. STOP WORK ORDEI~S
All development, improvement, and construction on any land
which is. in violation of the provisions of this ordinance
may be halted and stopped by order of the City Engineer.
No stop work order may be issued until the notice
provisions of this ordinance are fully complied with by
the City and the owner or agent of the premises is given
reasonable time period to correct the public erosion
nuisance and to clean up and remove the offending and
burdensome sedimentation.
Sec. 15-8-5 SEVERABILITY
If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof
to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction,
such holdings shall not affect the validity of the
remaining portions of the ordinance, and the City Council
hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Sec. 15-8-6 PENALTY
Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and u~on
conviction thereof shall be fined in a sum not to exceed
Five Hundred Dollars ($500.00) and a separate offense
shall be deemed committed upon each day during or on which
violation occurs or continues.
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