(A) The transfer or lease of a property subject to a requirement for maintenance of structural or treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP; or (b) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then current standards of the city and the LID guidelines. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of such inspection.
(B) Conditions, covenants and restrictions for residential properties where structural or treatment control BMPs are located that are to be maintained by a homeowner’s association shall provide for maintenance of the structural or treatment BMPs by the homeowner’s association. If such BMPs are to be maintained by individual property owners, a written explanation of the maintenance responsibility shall be included in any deed transferring title to said individual property as well as being attached to the conditions, covenants and restrictions for the property.
(Ord. 4654, passed 3-10-14)