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Every person owning property through which a watercourse passes, or that person's lessee, shall keep and maintain all parts of the watercourse within that property reasonably free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain any existing privately owned structures within or adjacent to that watercourse, so that those structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, or remove that vegetation so as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within the property owner's property boundaries in order to protect against any erosion and degradation of the watercourse originating or contributed from their property. (Ord. 06-86)
Whenever the City Engineer finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the MS4 or State waters, the City Engineer may remediate the pollution at the owner's or responsible person's or entity's expense, or may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this article and using a remediation plan preapproved by the City Engineer. Remediation plans must be submitted by the owner or responsible person or entity to the City Engineer and approved by the City Engineer prior to the start of the remediation. The plan shall be submitted on or before a mutually agreed date and time; however, if, in the sole opinion of the City Engineer, mutual agreement is not reached on a date and time for submittal of the plan, then the City Engineer shall designate a date and time for submittal. The plan shall include at a minimum a remediation schedule, list of personnel performing remediation work and list of equipment to be used. (Ord. 06-86; Ord. 08-44)
The City Engineer may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges and/or nonstormwater discharges to the MS4 or State waters, undertake at the person's or owner's expense monitoring and analyses by a State certified laboratory pursuant to the provisions of this article, and furnish reports to the City of Colorado Springs as deemed necessary to determine compliance with this article. (Ord. 06-86; Ord. 08-44)
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