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(a) All stormwater management systems dedicated to, and accepted by the City shall be maintained by the City. Maintenance of all other stormwater management systems approved in compliance with this chapter shall be accomplished by the legal entity responsible for maintenance, which may include an approved entity as identified below:
(1) Local government: A county, municipality, inland lake board, or other appropriate governmental unit, or combination of local governments.
(2) Special district: An active drainage district or a special assessment district.
(3) State or federal agency: An appropriate state or federal agency.
(4) Public utility: An officially franchised, licensed, or approved communication, water, sewer, electrical, stormwater, or other public utility.
(5) Developer or property owner: A developer or property owner who provides a bond or other assurance of continued financial capability to operate and maintain stormwater management systems and who executes a legal maintenance agreement with the Director.
(6) Property owner association: Property owner associations able to comply with the following provisions:
A. The association provides a binding legal instrument through which it assumes full responsibility for stormwater management system operation and maintenance.
B. The association has sufficient powers to operate and maintain the system, establish rules, assess members, contract for services, exist perpetually, and, if dissolved, to provide alternate operation and maintenance services.
C. The association can provide a bond or other assurance of financial capability to operate and maintain the system.
(b) All systems not dedicated to the City shall have adequate easements to permit the City to inspect and, if necessary, to take corrective action should the responsible entity fail to properly maintain the system.
(Ord. 11-01. Passed 8-21-01.)