(A) The developer shall be responsible for providing a plan of ownership of the detention facilities involving a single owner, an association or another plan of ownership approved by the city.
(B) The owner shall be responsible to ensure the continuing functioning of the facility as originally designed and intended. All plans submitted for storm water detention systems shall describe an adequate procedure for normal maintenance for the detention system. Any failure of the storm water detention system due to inadequate normal or capital maintenance shall be the responsibility of the owner of the property on which the detention system is located. It shall also be the property owner’s responsibility to remedy any negligence in maintenance that resulted in the failure of the system. The submittal of plans for such a system or the purchase of property on which such system is located shall be deemed as acceptance of responsibility for normal and capital maintenance of the system.
(C) The developer shall dedicate an easement to the city reserving the land for use as a storm water detention facility providing the city with the right to inspect the facility, and the necessary easements for ingress and egress.
(D) (1) The detention basin owner shall be responsible for the following items.
(a) An annual report on the detention basin condition, using a checklist developed by the city, shall be submitted to the Director of Public Works.
(b) At five year intervals, the basin shall be inspected by a professional engineer registered in the state, using a checklist developed by the city. A report of this inspection shall be submitted to the Director of Public Works within 60 days of the inspection. An annual report is not required the year when the five-year report is due.
(c) Detention basin owners shall notify subsequent owners of his, her or their maintenance responsibilities and transfer basin maintenance records to the party with active maintenance responsibility.
(2) At any time, the Director of Public Works, or his or her designee, may provide inspection of the detention facilities as deemed appropriate. If the Director finds any maintenance work is necessary, the Director shall serve a written order to the owner of the facilities, specifying therein the work necessary to be done and providing for a reasonable time for its completion. Any property owner to whom an order is directed shall have the right, within three days from service of the order, to appeal to the City Administrator who shall review the order within five working days and file his or her decision. If the City Administrator fails to respond within five working days, it shall be assumed that the appeal is denied. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the owner as directed within the time established by the Director’s written order or at the time as modified by the City Administrator’s decision. When an owner to whom an order has been issued fails to comply within the time specified, the Director shall remedy the condition, or contract with others for such purpose, and charge all costs, including administration, to whom the order is directed. If the cost of remedying a condition is not paid within 30 days after the mailing of a statement from the Director of Public Works, the cost shall be assessed against the property for collection in the same manner as a property tax. In the event the association fails or is unable to pay the costs associated with detention facility maintenance, these costs shall be assessed against those users of the facility based upon their percentage of use.