(A) The owners and occupants of lands on which post-construction BMPs have been installed to meet the requirements of this chapter shall be required to maintain any such BMPs. All such BMPs shall be inspected or reviewed as appropriate at least annually, and a written record of inspection results and any maintenance work shall be maintained and available for review by the city.
(B) Any person that has agreed, by contract, covenant, agreement or otherwise, to maintain a BMP on behalf of any owner or occupant of land shall do so in accordance with this chapter and the laws; however, that by no owner or occupant of land shall be relieved of any obligation to maintain any BMP or any other obligation imposed by any provision of this chapter or the laws by virtue of the existence of any such contract, agreement or covenant.
(C) Any maintenance arrangement contemplated by subparagraph (B) of this section shall require the applicant or owner to execute an inspection and maintenance agreement to be filed on record with the register of deeds which shall be binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall permit the city to access and inspect the facility at all reasonable times and in an emergency to ensure that the facility is maintained in proper working condition to meet design standards. The agreement shall also provide that if after notice by the city to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner or occupant within a reasonable period of time (30 days maximum), the city may perform all necessary work to place the facility in proper working condition, the cost of which shall be assessed against the owner or occupant of the land.
(Ord. 3409, § 1(32-124), passed 7-24-2006)