If a discharger fails or refuses to meet the requirements of the maintenance agreement, the city, after a minimum of 30-days notice, may correct a violation of the maintenance agreement by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the city shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have ten days to effect maintenance and repair of the facility in an approved manner. After proper notice of the city-incurred costs of the repairs or revisions to place the facility in a proper working condition, the city may assess the discharger for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05)