§ 5-2-6-6.  MAINTENANCE AND REPAIR OF STORM WATER FACILITIES.
   (A)   The owner of the property is responsible for maintenance and repair of the property’s storm water facilities.
   (B)   Where required by the City Civil Engineer, pursuant to § 5-2-6-19, the applicant or owner of the site must execute or plat a maintenance easement that shall be binding on all subsequent owners of land served by the storm water management facility.  The agreement shall provide for access to the facility at all times for inspection by the Department of Public Works or its contractor or agent.  The Department of Public Works may also perform special assessments of property owners to ensure that the facility is maintained and in proper working condition to meet design standards and any other provisions established by this chapter.  The easement agreement shall be recorded as part of the record plat in the land records.  The granting of an easement to the City of Lawrence does not alter the owner’s duty to maintain and repair the property’s storm water facilities and in no way transfers that responsibility to the City of Lawrence or the Department of Public Works.
   (C)   Where required by the City Civil Engineer, pursuant to § 5-2-6-18, maintenance of all storm water management facilities or structural best management practices (BMPs) shall be ensured through the creation of a formal maintenance covenant that is recorded into the land record prior to final plan approval.  As part of the covenant, a schedule shall be developed for when and how maintenance will occur to ensure proper function of the storm water management facility.  The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
   (D)   All storm water management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs, and to ensure compliance with the requirements of this chapter and accomplishment of its purposes.  These needs may include, but not be limited to:  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 must be addressed in a timely manner, as determined by the Department of Public Works, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility.
   (E)   Inspection programs by the storm water management facility owners may be established on any reasonable basis.  These programs include, but are not limited to:  routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher sources of sediment or other contaminants or pollutants.  They may also include inspections of businesses or industries of a type associated with higher discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the National Pollutant Discharge Elimination System (NPDES) storm water permit.  The City may also choose to perform joint spot inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to:  reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water management practices.
   (F)   Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs and shall retain the records for at least ten years from each event date.  These records shall be made available to the Department of Public Works during inspection of the facility and shall be submitted annually to the Department of Public Works.
   (G)   If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the Department of Public Works, 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 storm water management facility becomes a danger to public safety or public health, the City Civil Engineer shall notify the party responsible for maintenance of the storm water management facility in writing.  Upon receipt of that notice, the responsible person(s) shall have ten days to effect maintenance and repair of the facility in an approved manner.  After proper notice, the Department of Public Works 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. 
(Ord. 6, 2008, passed 5-5-2008)