§ 156.09  MAINTENANCE.
   (A)   Maintenance easement.  Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the applicant or owner of the site shall execute a maintenance agreement, that can be found in the Columbia City Stormwater Development Manual, and shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide an easement for access to the facility at reasonable times for periodic inspection by the city, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The maintenance agreement shall be recorded by the city in the land records.
   (B)   Maintenance agreement.  Maintenance of all stormwater management facilities shall be ensured through the creation of the maintenance agreement. For residential and non-residential subdivisions, a stormwater provision shall be included in the subdivision covenants that shall be approved by the city prior to final plat approval, and recorded into the land record prior to final plan approval. As part of the covenant, a schedule shall be developed by the owner with the city's approval for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
   (C)   Requirements for maintenance agreement.  All stormwater management facilities shall undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found shall be addressed in a timely manner, as determined by the city, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility.
   (D)   Failure to maintain practices.  If a responsible party fails or refuses to meet the requirements of the maintenance agreement, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the city shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have three days to effect maintenance and repair of the facility in an approved manner. After proper notice, the city may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.
(Ord. 2005-30, passed 8-23-2005)