(A) Prior to the conveyance or transfer of any lot or building site to be served by engineered stormwater controls pursuant to this chapter, and prior to issuance of any permit for development requiring engineered stormwater controls pursuant to this chapter, the applicant or owner of the site must enter into an Operation and Maintenance Agreement (O&M Agreement) with the City of Havelock.
(B) The O&M Agreement shall require the applicant or owner to maintain, repair, or reconstruct the engineered stormwater controls in accordance with the approved design plans and the Operation and Maintenance Plan. The O&M Agreement shall be binding on all subsequent owners of the site, portions of the site, and lots, or parcels served by the engineered stormwater control. Until the transference of all property, sites, or lots served by the engineered stormwater control, the original owner or applicant shall have primary responsibility for carrying out the provisions of the O&M Agreement.
(C) The O&M Agreement shall grant to the City a right of entry in the event that the City has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the engineered stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for the engineered stormwater controls.
(D) The O&M Agreement must be approved by the City prior to development plan approval, and it shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. A copy of the recorded O&M Agreement shall be submitted to the City within 14 days following its recordation.
(E) The O&M Agreement shall acknowledge that the City shall not be liable to any private person or entity for the condition or operation of the engineered stormwater controls; and
(F) The O&M Agreement shall allow the City to recover from the property owner any and all costs the City expends to maintain or repair the engineered stormwater controls or to correct any operational deficiencies. Failure to pay to the City all of its expended costs, after 45 days' written notice, shall constitute a breach of the maintenance agreement. The City shall thereafter be entitled to bring an action against the property owner or to foreclose upon any lien authorized by law against the property, or both, in the case of a deficiency. Interest, collection costs, and attorneys' fees shall be added to the recovery.
(1989 Code, § 17-15) (Ord. 01-02, passed 4-23-2001; Ord. 23-O-07, passed 4-10-2023)