Any owner or possessor of private property upon which stormwater drainage or stormwater quality control measures exist for the purpose of collecting, conveying, retaining, detaining or treating stormwater within that property and which are not public facilities pursuant to § 51.07, shall be responsible for the maintenance of these facilities as required to ensure proper operation and in accordance with §§ 94.07, elimination of litter and drainage easements; 94.12, maintaining property in litter-free manner; 96.32, preventing improper drainage; 96.50(B), maintaining grass and weeds below seven inches.
An operation and maintenance agreement which includes a description of the on-going procedures and additional standards, as required by the City of Forest Park which will ensure continual proper operation and performance of Storm Water Best Management System shall be provided to the city and executed by both the owner and the city. An additional document indemnifying the City of Forest Park and related public officials and public entities (the “indemnified officials”) from and against any and all losses, costs, claims or liabilities whatsoever, including legal fees and other defense costs, whether from personal injury, property damages, or other losses of any kind or character asserted or threatened against the indemnified parties, and which are in any way related to the existence, construction, operation, maintenance, or failure of the system of post-construction controls shall be included in the operations and maintenance agreement.
When the utility accepts responsibility for design, construction, inspection, operation or maintenance of private facilities in accordance with § 51.03, all expenses incurred therewith shall be charged to the owner's stormwater management service charge in the same manner as provided for in § 51.33.
The city reserves the right to cooperatively work with property owners in an area to fix a common problem related to stormwater. This means that financial arrangements may be agreed to between the city and property owners which result in an equitable arrangement that benefits all parties.
The city has the authority to issue stormwater credits to reduce the stormwater utility fee based on the installation and maintenance of privately owned stormwater controls and/or implementation of city-approved stormwater programs. The city has the authority to revoke stormwater credits at any time if the criteria established to issue the credit is not being achieved. Requests related to the credit issuance shall be directed to the stormwater advisory board.
(Ord. 04-1990, passed 3-5-90; Am. Ord. 14-2021, passed 8-2-21) Penalty, see § 51.99