(A) Every owner of drainage systems has a responsibility to properly maintain and repair the system utilizing appropriate technology and best management practices.
(B) Any private drainage systems designed to serve subdivisions, multi-family residential developments, and commercial structures shall have adequate recorded easements to permit the town to inspect, and, if necessary, to take corrective action should the owner fail to properly maintain the system. A copy of such recorded provisions shall be provided to the town and shall be considered a condition of any approval granted under this subchapter. Before taking corrective action, the town shall give the owner written notice of the nature of the existing defects. If the owner fails within 30 days from the date of notice to commence corrective action, and therefore to proceed with due diligence to make all necessary corrections, and fails to appeal the matter to the Board of Commissioners, the town may take necessary action. If the town takes necessary corrective action, the cost shall become a lien on the real property until paid, or if the property is under common ownership, such as a homeowners association, the cost shall be assessed equitably among all property owners in the subdivision, multi-family residential development, and/or commercial structure.
(C) The owner of the property on which work has been done pursuant to this subchapter for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, drains, structures, and other protective devices. This includes regular removal of dead trees, leaves, and debris that accumulates in ponds. Such repairs or restoration shall be in accordance with approved plans.
(Ord. passed 11-11-05; Am. Res. passed 10-13-11) Penalty, see § 154.99