§ 53.08  MAINTENANCE.
   (A)   Routine maintenance.
      (1)   All storm water control plans shall be maintained according to the measures outlined in the design standards, and as approved in the permit.
      (2)   The person(s) or organization(s) responsible for maintenance shall be designated in the plan.  Options include:
         (a)   Property owner;
         (b)   Homeowner’s association, provided that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements; or
         (c)   Grand Traverse County Drain Commissioner, in accordance with the Michigan Drain Code, M.C.L.A. § 280.1 et seq., as amended, if the storm water conveyance facilities are within a designated Drain District.
      (3)   Maintenance agreements shall specify responsibilities for financing  maintenance and shall be recorded with the Register of Deeds before the permit can be closed.
   (B)   Non-routine maintenance.  Non-routine maintenance includes maintenance activities that are expensive but infrequent, such as pond dredging or major repairs to storm water structures.
      (1)   Non-routine maintenance shall be performed on an as needed basis based on information gathered during regular inspections.
      (2)   If non-routine maintenance activities are not completed in a timely manner or as specified in the approved plan, the Grand Traverse County Drain Commissioner may complete the necessary maintenance at the owner’s/operator’s expense.
   (C)   Maintenance Inspections.
      (1)   The person(s) or organization(s) responsible for maintenance shall inspect storm water control systems on a regular basis, as outlined in the plan.
      (2)   Authorized representatives of the enforcement agent may enter at reasonable times to conduct on-site inspections or routine maintenance.
      (3)   For storm water control systems maintained by the property owner or homeowner’s association, inspection and maintenance reports shall be filed with the enforcement agent as provided in the plan.
      (4)   Authorized representatives of the enforcement agent may conduct inspections to confirm the information in the reports filed under this division.
(Ord. 02 06-07, passed 6-4-2007)  Penalty, see § 53.99