(A) (1) Whenever necessary to make an inspection to enforce any provision of this subchapter, or whenever the city has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this subchapter, the city may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance.
(2) In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(B) A long-term storm water management agreement is required for all storm water features and controls located on private property when a project is vested subsequent to the effective date of this chapter. Said management agreement shall be promulgated in the form and manner as determined by the Public Works Director so long as the agreement includes at a minimum:
(1) Allows the city oversight authority of the storm water measures;
(2) A provision that the agreement acts as a covenant that runs with the land;
(3) Allows the city to perform necessary maintenance or corrective actions neglected by the owner/operators or the qualified third party; and
(4) Allows the city to recoup the costs from the owner/operator as necessary to cover the expenses for necessary actions conducted by the city.
(C) The city interprets this regulation as secondary and subservient to the United States Constitution and the State Constitution as applied to property rights, land use, development and similar rights. Specifically, the intent of this regulation is not to be applied to violate vested property rights, nor to be a physical invasion of property rights as determined by the United States Supreme Court in Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982). The city recognizes that the United States Supreme Court interprets property rights in conjunction with the laws and constitutions of each state. Therefore, state law also plays an important role in defining property rights. For the purpose of determining when a property right is vested, the city shall continue to apply the Utah Supreme Court ruling in Western Land Equities, Inc. v. City of Logan, 617 P.2d 388 (1980) that states a property owner is vested to follow the city’s regulations in effect at the time a land use application is filed. Furthermore, where there is vagueness in any land use regulation, including the storm water regulations, it shall be interpreted in favor of the property owner.
(Prior Code, § 24.06.110) (Ord. 00-22, passed 6-1-2000; Ord. 20-01, passed 1-2-2020)