(a) Inspection and maintenance agreement. Before the issuance of a grading permit for property that will have private stormwater management, the owner of the property shall execute an inspection and maintenance agreement with the County.
(b) Scope of agreement. The inspection and maintenance agreement shall:
(1) provide that the owner is responsible for installation of the private stormwater management;
(2) adopt by reference and incorporate the final stormwater management plan and the maintenance schedule required by § 16-4-201(c);
(3) require the owner to maintain inspection records for the stormwater management system and to supply them to the Department every three years or upon request;
(4) prohibit the owner from altering the private stormwater management without prior approval from the Department;
(5) allow the County or its agents to access the private stormwater management system to ensure that the system is properly still in place and maintained and functioning as intended;
(6) allow the Department to perform any necessary work to correct a violation and return the stormwater management practice to proper working condition if the property owner, after reasonable notice from the Department, fails to correct a violation;
(7) provide that the cost of work performed by the Department be levied and collected from the owner of the property in accordance with subsection (c);
(8) bind subsequent owners of the property to the agreement; and
(9) be recorded among the land records of the County.
(c) Liability for cost of work performed by the Department. The cost of work performed by the Department under the provisions of this section shall be billed to the property owner and shall be paid within 30 days of the date of the bill, and any amount unpaid after 30 days of the date of the bill shall be collected as provided in § 1-8-101 of this Code.
(d) Repairs, restoration, and maintenance by owner. The owner of property with a private stormwater management practice, and any other person or agent in control of the property, shall maintain the private stormwater management and promptly repair and restore it so that it remains at all times in a condition that is in accordance with the final stormwater management plan.
(Bill No. 58-10; Bill No. 23-17)